Lynx Update: US District Court Upholds ME's Trapping Regulations

Enviros failed to prove Canada lynx as a species are irreparably harmed under the regs. Read More...

Date: Thu, 12 Nov 2009
MAINE DEPARTMENT OF INLAND FISHERIES & WILDLIFE
http://www.mefishwildlife.com
Main Number: 287-8000

United States District Court Upholds Maine’s Trapping Regulations

BANGOR -- United States District Court Chief Judge John Woodcock this week upheld Maine’s trapping regulations by denying a request from two organizations for a permanent injunction because they failed to prove that Canada lynx as a species are irreparably harmed under the regulations.

The case -- Animal Welfare Institute, et al. v. Roland D. Martin, Commissioner of the Maine Department of Inland Fisheries and Wildlife (CV-08-267-B-W) – was filed in August 2008. The Wildlife Alliance of Maine joined AWI as a party to this case.

The Maine Department of Inland Fisheries and Wildlife and the Office of the Maine Attorney General are pleased that Chief Judge Woodcock let stand Maine trapping regulations and rejected claims that trapping is detrimental to the Canada lynx species.

“We appreciate the thoroughness of Chief Judge Woodcock to fully understand the complexities of trapping and our supplemental efforts to protect Canada lynx,” said IF&W Commissioner Martin. “Our biologists work extremely hard to ensure the Canada lynx population thrives in Maine and maintain that trapping serves as a legitimate wildlife management tool. Their efforts to do both so well was demonstrated in court and recognized by Chief Judge Woodcock.”

Canada lynx are designated as a Threatened Species under the U.S. Endangered Species Act.

In Maine, it is estimated that there are at least 650 breeding adults and at least 1,000 total lynx. The court credited the evidence submitted by the Department regarding the population estimations.

Since 1967, IF&W has made it illegal to intentionally hunt or trap Canada lynx, including restricting the type, size and placement of traps in Maine.

In 2008, IF&W recognized there was a gap in the clarity of its regulations regarding conibear traps and how it could result in the incidental taking of Canada lynx. The Court ordered IF&W to establish emergency rules clarifying the intent of conibear trap restrictions to ensure that Canada lynx would be unlikely to be caught in these types of traps.

The Maine Department of Inland Fisheries and Wildlife Advisory Council approved emergency regulations in two weeks, and those regulations went into effect during the 2008 trapping season.

Most Canada lynx caught in traps in Maine are not harmed and are promptly released back into the wild. Major injuries are rare. Since 1999, only two lynx have been killed by legally set traps. By comparison, 22 lynx have been killed during the same time period after being struck by cars.

“Expert testimony played a large role in this case and its outcome,” said Maine Assistant Attorney General Christopher C. Taub. “We are gratified that the court found the testimony of IF&W’s chief wildlife biologist, Dr. Ken Elowe, more compelling than that of the out-of-state experts the plaintiffs hired. Dr. Elowe has devoted much of his career to studying and protecting wildlife in Maine, and the Court was obviously impressed with the depth of his knowledge and experience.”

Attorney General Janet T. Mills praised the work of Assistant Attorneys General Chris Taub and Nancy Macirowski during this lengthy trial.

For several years, IF&W has been working with the U.S. Fish and Wildlife Service to obtain what is known as an incidental take permit to protect the State from legal challenges. An incidental take permit allows lawful activities that might nevertheless result in the incidental take of an Endangered or Threatened species.

“We will continue our efforts to obtain the incidental take permit, and we expect that the court’s ruling -- especially the conclusion that there is no evidence that trapping is having a detrimental impact on lynx – will greatly support our efforts,” according to Dr. Elowe.

Maine permits trapping of beaver, bobcat, coyote, fisher, fox, marten, mink, muskrat, opossum, otter, raccoon, red squirrel, skunk and weasel. Trapping laws are outlined in the “State of Maine Hunting and Trapping Laws and Rules” book that is given to hunters and trappers when they purchase a license.

The 2009 general trapping season began Nov. 1 and closes on Dec. 31, for most allowable species. Early season dates also are set in October for fox, coyote and muskrat.

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