Maine Trappers Win Major Court
Victory 11/11/09
(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.
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