On Feb. 15, U.S. District Judge Jon Levy issued his ruling in a lawsuit that sought to revoke the state of Maine’s Incidental Take Permit (ITP), which would open individual trappers to Endangered Species Act (ESA) violations. Judge Levy ruled the U.S. Fish and Wildlife Service’s use and application of ITPs were lawful and in keeping with the requirements of the ESA.
The ruling is a clear victory for the Sportsmen’s Alliance Foundation, trappers in Maine and the Maine Department of Inland Fish and Wildlife. In his ruling, Judge Levy found that the U.S. Fish and Wildlife Service’s “actions were in keeping with the requirements of the Endangered Species Act…the National Environmental Policy Act…and the Administrative Procedure Act…”
“We are extremely pleased that District Court Judge Levy has sided with reasonable and responsible management,” said Evan Heusinkveld, Sportsmen’s Alliance president and CEO. “Today’s clear ruling is nothing short of a full victory for trappers, but also hunters and anglers, too. This case had far-reaching implications for how Endangered Species Act policies would be implemented. If anti-hunting organizations can ban all trapping in the areas where protected lynx are found, what’s would stop them from banning fishing in streams or rivers that contains endangered fish species?”
The case, filed by the anti-hunting and anti-trapping groups Center for Biological Diversity, the Wildlife Alliance of Maine, the Animal Welfare Institute and Friends of Animals, was essentially a backdoor attempt to use the Endangered Species Act to stop trapping in the state. At the heart of the legal battle were Incidental Take Permits, which are granted under the ESA and provide for limited, incidental taking of federally protected species. Without such protection, individual trappers and state wildlife agencies could be held liable for ESA violations every time a lynx was accidentally caught in a legal trap.
Canada lynx, which are listed as a threatened species in the U.S. due to fragmented populations at the southernmost range of their habitat, are abundant north of the border in Canada. In fact, there are many who believe that the lynx populations should be removed from the ESA altogether.