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Your Right to Hunt & Why Canada Lynx Matters
By Jeremry Rine, Associate Director of State Services

U.S. Sportsmen's Alliance

Columbus, OH --(Ammoland.com)- For years you’ve probably been seeing our press releases talking about the ongoing court battles over the Canada lynx and trapping in both Maine and Minnesota.

Hopefully, you’ve read our latest release highlighting the victory on the recent appeal in Maine.

In the most recent case, the Animal Welfare Institute and the Wildlife Alliance of Maine filed a lawsuit against the Maine Department of Inland Fisheries and Wildlife requesting an injunction to permanently shut down trapping in the state. They claimed that Maine’s trapping regulations allowed for Canada lynx, a species listed as threatened under the Endangered Species Act (ESA), to be incidentally caught in traps.

Ultimately, the Court ruled that even if lynx were incidentally caught in traps the antis had to show that accidentally catching a single lynx “irreparably harmed” the lynx population as a whole. In the end, they couldn’t do this. Sportsmen won the case and the subsequent appeal.

If you aren’t a trapper in Maine or in Minnesota there is a good chance that you’ve wondered what the Canada lynx (and the above case) has to do with you. Why does a lawsuit concerning lynx in Maine matter to a hunter in Kansas or a fisherman in Florida?

The answer can be boiled down to two words, legal precedent.

Legal precedents are set when courts interpret what the law says, in this case the ESA. These interpretations are examples for other courts across the country to follow. On the surface, the lynx cases were a simple attack on trapping in Maine and Minnesota. However, had the antis won; the legal precedent set by these cases would have set the stage for much, much more than just a ban on trapping in those states. Anti-hunting groups across the nation could have used the case as basis in other courts to attack hunting, fishing, and trapping.

There are all kinds of ridiculous lawsuits that anti-hunting groups could dream up if they had set a favorable precedent in the lynx cases.

Perhaps they’d set their sights on pheasant hunters in Kansas claiming they are “harassing” an endangered species by simply walking through fields that the species might occupy (harassing an endangered species is prohibited under the ESA). Maybe they’d seek a fishing ban in Florida because fishermen could accidentally catch a fish listed as threatened under the ESA.

The sheer amount of time and money that these groups have spent in court highlights just how important of a precedent the lynx cases could have set for them and how dangerous it could have been for sportsmen. They’re willing to spend years in court and countless dollars on legal fees because they know that if they get that one precedent-setting win it will make it that much easier for them to chip away at hunting, fishing, and trapping in other states.

Fortunately, sportsmen have won the first few rounds in the Lynx battles. Even so, sportsmen can’t turn a blind eye to what is happening in other states because, in the end, something that seems too far away to matter, like the Canada lynx in Maine, could end up playing a pivotal role in whether or not you get to hunt, fish, and trap in your own backyard tomorrow.

About:
The U.S. Sportsmen’s Alliance is a national association of sportsmen and sportsmen’s organizations that protects the rights of hunters, anglers and trappers in the courts, legislatures, at the ballot, in Congress and through public education programs. Visit www.ussportsmen.org.

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Court of Appeals Upholds Major Sportsmen’s Victory for Maine Trappers
U.S. Sportsmen’s Alliance Foundation and Leading Trapping Groups Win Again in Precedent Setting Case Against Anti’s.

The take of lynx occurring in Maine foothold traps, typically un-injured catch-and-release incidents, did not constitute irreparable harm.

U.S. Sportsmen's Alliance

Columbus, OH --(Ammoland.com)- Trappers in Maine and sportsmen nationwide scored a huge victory after a Federal Court of Appeals rejected an effort from anti-hunting groups seeking to use the Endangered Species Act (ESA) to stop trapping in the state.

This decision reaffirms a lower court decision that set a precedent against manipulation of the ESA to stop hunting, fishing, and trapping.

“We are ecstatic and relieved that this lawsuit is no longer a threat to our lifestyle as we prepare to open the 2010 trapping season,” said Skip Trask of the Maine Trappers Association.

“The Maine Trappers Association couldn’t be happier with this decision. It is much more than just a victory for Maine. This decision will help protect all trapping and other sports from coast to coast. We appreciate the support and guidance of the U.S. Sportsmen’s Alliance Foundation (USSAF) legal team and all of our partners.”

The anti-hunting groups had originally filed the suit in 2008 against the Maine Department of Inland Fisheries and Wildlife. They had argued that Maine’s trapping regulations provided insufficient protection for the Canada lynx, a species listed as threatened under the ESA, and thus required the season to be stopped.

The USSAF, along with the Maine Trappers’ Association, Fur Takers of America, National Trappers’ Association, and several individual sportsmen, intervened in the case on behalf of the state. The groups argued that those seeking to shut down an entire season of trapping (or hunting or fishing) must not only prove the incidental take of an ESA-protected species, but also “irreparable harm” to the population.

In the initial lower court decision, Judge Woodcock concluded that the take of individual members of a reasonably numerous protected species does not necessarily meet the requirement of irreparable harm. He also indicated that the take of lynx occurring in Maine foothold traps, typically catch-and-release incidents, did not constitute irreparable harm in this case. Consequently, Judge Woodcock declined the injunction and the trapping season was able to take place.

Unhappy with the result, the anti-hunting groups filed an appeal in December, 2009 seeking to reverse Judge Woodcock’s decision. The USSAF and the others immediately filed legal briefs in order to defend the major legal victory.

In the unanimous opinion rejecting the appeal, Chief Judge Lynch affirmed Judge Woodcock’s findings that the plaintiffs’ failed to demonstrate the irreparable harm necessary for an injunction. Judge Lynch then went on to criticize the plaintiffs’ last-minute request for lesser sanctions restricting trapping. In the lower court, Animal Welfare Institute (AWI) expressly refused that option and instead pursued a full ban on trapping.

“It may well have done so for tactical reasons, preferring to stress the inadequacy of other remedies in order to strengthen its case for injunctive relief against foothold traps,” wrote Lynch. “Parties are held to their choices and AWI’s bait and switch tactics in the courts are to be deplored, not rewarded.”

The latest decision should assist in the defense of any further lawsuits by anti-trappers. It leaves the plaintiffs in this case with few options other than a petition to ask the U.S. Supreme Court to review the case. The Supreme Court agrees to consider only a few dozen cases a year out of the many hundreds of cases filed with it each year.

“It was clear all along that anti-hunters were looking to set a precedent that could be used in state after state to shut down not only trapping, but hunting and fishing as well,” said Bud Pidgeon, USSAF president and CEO. “With this strong decision, antis are going to have a far more difficult time doing this.”

About the U.S. Sportsmen’s Alliance Foundation
The U.S. Sportsmen’s Alliance Foundation protects and defends America’s wildlife conservation programs and the pursuits – hunting, fishing, trapping, and shooting – that generate the money to pay for them. The 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.

About the U.S. Sportsmen’s Alliance
The U.S. Sportsmen’s Alliance is a national association of sportsmen and sportsmen’s organizations that protects the rights of hunters, anglers and trappers in the courts, legislatures, at the ballot, in Congress and through public education programs. For more information about the U.S. Sportsmen’s Alliance and its work, call (614) 888-4868 or visit its website, www.ussportsmen.org.

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