States mends rules after lynx trap death
Lynx

States mends rules after lynx trap death


Federal judge had pressed for action
By Kevin Miller
BDN Staff

AUGUSTA, Maine — Maine wildlife officials rushed through new rules Thursday intended to help keep Canada lynx out of sportsmen’s traps and the state out of hot water with the federal courts.

The advisory council of the state Department of Inland Fisheries and Wildlife approved the temporary rules roughly one week after a federal judge said he was perplexed why the state wasn’t moving faster to address an apparent problem.

On Nov. 17, a lynx was found dead in a trap that had been set for other animals in Aroostook County. Lynx are listed as “threatened” under the federal Endangered Species Act.

The trapper was not charged with killing the protected wildcat because biologists and wardens determined he thought he was complying with state regulations on trapping in lynx territory. The trapper also promptly reported the incident to authorities.

DIF&W officials agreed to clarify the rules by the 2009 trapping season. But U.S. District Judge John Woodcock, who is hearing a lawsuit over lynx trappings, ordered the state to fix the rules before the current season ends on Dec. 31.

The emergency rules approved Thursday clarify that trappers may set only so-called Conibear traps on trees no larger than 4 inches in diameter and at least four feet from any other larger trees, poles, other objects or banks.

Additionally, any small leaning trees or leaning poles used with Conibear traps — also known as “body-gripper” or “killer-type” traps — must be at least 45 degrees to the ground at all points.

The new rules presume that most lynx will not attempt to climb smaller trees or poles or leap more than 4 feet to reach bait left for fisher, marten or other species.

The lynx found dead last month apparently climbed a larger tree that was standing inches away from the trap and became ensnared when it reached into the trap.

Commissioner Roland “Danny” Martin praised trappers for working with the state to fix the rules. The Maine Trappers Association had supported the clarification.

It was clear Thursday evening, however, that the quick fix will not end the state’s legal trouble with two wildlife advocacy organizations. Nor are group members convinced the clarifications will prevent future deaths or injuries among the 500 or so lynx believed to inhabit Maine.

“We believe the emergency rules are a farce,” said Camilla Fox, wildlife consultant with the Animal Welfare Institute. “I know of no other state that has such complicated regulations regarding Conibear traps. And if the trappers were perplexed by the [prior] regulations, they will be utterly confused now.”

Fox said the rules are so complicated that trappers would have to be trained on what is a legal or illegal trap. She also pointed out that the state did not change the current five-day time limit for trappers to check their Conibear traps in the Unorganized Territory. Five days is too long to ensure a trapped animal can be released alive, she said.

The Wildlife Alliance of Maine and the Animal Welfare Institute allege DIF&W is violating the Endangered Species Act by allowing trapping practices that ensnare lynx. Eight lynx were reported caught in leghold traps last year. All eight were released alive,

Woodcock denied the groups’ request for a temporary injunction seeking wider restrictions on trapping in Maine until the state receives a special permit from federal authorities. That court case continues.

In the meantime DIF&W has applied — again — for a federal “incidental take permit” to protect the state legally when a lynx is caught or killed by otherwise legal trapping.

“Once we get the incidental take permit, that will [shield] the department from future lawsuits,” Christopher Taub with the Attorney General’s Office told the council. “But until then, there is going to be the potential for additional lawsuits.”

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Comments
20 comments on this item

Did you give your Canadian Lynx a hug today?

So the Maine Attorney General is using our tax dollars to argue for a "permit" to kill an endangered species. It's inspiring to see the Maine AG's office using our money defending people who kill endangered species in Maine. Let's get that message into the public schools. The kids need to hear that it's vitally important that endangered species in Maine are killed and for the State of Maine to support this killing.

The only good lynx is a dead lynx.

"And if the trappers were perplexed by the [prior] regulations, they will be utterly confused now.”

Fox said the rules are so complicated that trappers would have to be trained on what is a legal or illegal trap."

Ms. Fox (Quaint name. How did you come by it?) - I am not necessarily a fan of trapping. However, I can assure you, Maine trappers really ARE smart enough to understand the rules.

By the way - my name is Buck Antlers.

Next year the state IF&W will be requireing trappers to take 'trappers safty' course, for a nominal fee. at some point the lynx will become abundant and trappers can apply for a lynx permit for a nominal fee. ...........the tax man......oh yea.....the tax maaan....

the honorable judge wooodcock is now in season, lets roll'em in flour and add to a hot buttrey skillet for 3 minutes on either side.

The Maine Attorney General isn't arguing anything of the sort. Federal law accommodates incidental "take." Tough titties, huh? What the antis are looking for is to shut down all trapping, hunting and fishing. It's nauseating to see such slanted, ignorant commentary. Pretty soon there'll be no hunting based on the argument that if you fire at a deer or other game, there's a possibility, no matter how remote, that the shot might hit a lynx within its range. Time to slow you twits down some, I think. Maine, the way life used to be.

Woody1, then I believe you are saying the trapper who trapped and killed this last lynx understood he was not setting his trap correctly? If so, I think USF&W enforcement would have ticketed him and he would have gotten quite a fine. Unfortunately, he didn't understand the regulations and rules because they are complex. Sign in to any of the trapper blogs and go to where they ask wardens questions about how to do what they do legally. You will see a lot of confusion about a lot of regulations. This is just more of the same. Look at the fines for trapping and citations issued. There are many and they largely involve not following the regulations, so either they know and ignore them or they don't know them. Which is it?

By the way, I believe Ms. Fox got her name from her father, a doctorate in Veterinary medicine, Michael Fox, FYI. You obviously got yours from a comic book

And Bangorean, you are always doing a lot of huffing and puffing and threatening about slowing us down. That, I believe, would be one of the frivolous lawsuits you are always accusing anyone who is trying to enforce an actual law of filing. We do our homework and are well within our rights to get the state to do what they are required by law to do. There would not be lawsuits if they would do this, but they only act when they are forced to. I agree that it wastes money, but it is their fault, not ours.

I agree, it is nauseating to see such slanted, ignorant commentary. If you don't like it, don't write anymore.

DouglassWatts,

The Lynx is not endangered. In fact, it was only listed as threatened after an animal rights extremist group brought forth a lsuit and convinced a sympathetic federal judge that they knew more than the USF&W.

Any taxpayer dollars being spent are the direct cause of the Wildlife Alliance of Maine, with support from a out of state animal rights group. The Lynx, and the ESA are just a tool being used by them in their attempt to end all consumptive use of animals.

As for Ms. Fox, she is a "enlightend" crusader who reconizes that I am just a blood-thirsty, lying moron who must be stopped no matter what the cost....to you.

They certainly are a slanderous, decietfull bunch.

Daryl,

Perhaps you can give some actual numbers, as well as your source concerning all these fines and citations.

For fun lets use your way of thinking as applied to ,say, driving. Boy, Maine is sure full of idiots and criminals.

BTW, I see your detactors are starting to outnumber your supporters on this message board. interesting.

have a nice day

hope know one ever hits a canadain lynx in the county with a car. we won't be able to drive up there.

http://www.mrnf.gouv.qc.ca/english/publications/online/wildlife/trapping-regulations/index.asp

Sure Kurt, I'll give you some numbers. From the Maine Wardens Service, in 2007 they checked a total of 2770 traps. They issued 267 violations on those 2770 traps. That is about 10% of all traps checked were in violation of some regulation or another. Check for yourself if you still don't want to believe, frankly, I don't care. The top three complaints were failure to label traps, trapping without landowner permission and failure to check traps. Also, there were a total of 381 complaints by landowners above and beyond the aforementioned complaints.

Yes, the idiots and criminals do not understand the difference between taking a device out to kill something on purpose and simply using a device to get from one place to another. We need to drive cars in Maine, we do not need to trap.

And of course I have more detractors on this board. Most people already know what I am talking about and understand it. It is only you guys who don't get it.

Oh, and by the way, we found out today that there was another lynx killed in a conibear ? This one, of course, wasn't reported by the trapper but the truth is out anyway. And the truth, of course, is all we ask for in this case.

And WAM gets no money from out of state organizations. All our support comes from Maine and Mainers.

It is endangered here in the USA. However, they can be trapped in Canada...go figure!! If you put a much needed Bounty on Coyotes, it will give the lynx a better chance of survival. We have coyotes roaming around our home that have the mange...sad looking creatures...I have heard it said that this is nature's way of thinning out the pack. I believe that a Bounty would be less painful. Not to mention the help it would give to our hard hit deer herd and lynx populations.

My guess is that people who still trap (since it's not longer the 1800's) are perplexed about most things. This has got to be the most primative "sport" remaining in America.

http://www.hww.ca/hww2.asp?id=84

I am not sure sport is the proper term for trapping, but it is an effective convservation tool. It is a much more humane way to maintain steady animal populations than say the cycle of boom, disease, and stravation that is typical of umanaged wildlife. Note the comments by Judy Sherman. Anybody who has seen sick and straving animals with their own eyes would understand this, but most complaining here probably never get closer to wildlife than the discovery channel. Those that do venture outdoors would do well to learn both sides of the story not just what the Sierra Club would have you believe. Just becuase folks dont like the idea of it doesn't mean there is no place for it.

DarlyD,

Can't stop dancing for even a minute,huh?

WAM has a partner in this foolish lawsuit,an out of state extremist group.

I doubt WAM has enough support to act alone.

Yes, in Maine we do need to trap. It is the only effective management tool we have. Unless you support months of suffering from starvation and disease.

KurtJ, you can doubt whatever you'd like to doubt. That is the nice thing about living in America. Even people like yourself who are out of step with the rest of the country can publicly rant and rave. Continue to do so, please, as it shows the rest of us just exactly who we are fighting against. Thanks.

Oh, and as for those out of state extremist groups involved in this case....you must be talking about the Fur Takers of America or The United States Sportsmans Alliance. Oh, wait, those are the out of state extremist groups defending the trapping of lynx in Maine, sorry......

trapping is what made this country that you are living in. yes i'm a trapper and proud of it. some people in any sport break the law does that make them all bad. as far as driving it not a right i was just getting a point across and should all driver be stopped if one driver kills a person drunk driving?? and some people do make money trapping i paid for my kids christmas many years trapping as my family did for me. i have had traps stolen with notes left saying i was a bad person. but does that make me worst them a common thief i think not. my name and address was on my traps but the anti trapping thiefs didn't have the guts to leave there names. so if you don't like maine outdoor history move on. i trap,hunt with hounds,fish grew up looking up to people that were sportmen. how life as changed for the worst.

DarylD,

Thanks for the stats. I really enjoyed the spin you put on them.

However,since your goal is to educate the ignorant people in Maine, I think further clarification is needed. Since you have done your homework,I'm sure you have this info in hand.

1 How many licensed trappers were found guilty of violations?

2 What percentage of licensed Maine trappers were found guilty of violations?

3 What percentage of these violations occured in Lynx habitat, by licensed Maine trappers?

Stats can be used improperly to give the wrong impression, you wouldn't do that,would you?

Yes Daryl, I have no problem being honest about myself and my motives. To mislead anyone about my motives and way of life simply to force my beliefs upon them would be dishonest. I will not follow your agenda in that regards.

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