Isn’t it judicial protocol for a judge to hear evidence before voicing and/or rendering a decision? That doesn’t seem to be the case in Maine where U.S. District Court Judge John Woodcock will be presiding over an Endangered Species Act case involving the inadvertent trapping of the Canada lynx by licensed trappers in Maine.
The suit was filed against the State of Maine and in particular the Maine Department of Inland Fisheries and Wildlife by the Animal Protection Institute based out of California. The state is also represented in its defense by the Maine Trappers Association, the Sportsman’s Alliance of Maine and the U.S. Sportsmen’s Alliance.
According to an article by Kevin Miller of the Bangor Daily News, Woodcock, having heard virtually no evidence in this case, made a bold statement and prediction.
“I don’t think anyone here is accusing anybody of deliberately trapping lynx, but if trappers are going out … and they accidentally or inadvertently take lynx, then that is a violation of the Endangered Species Act,” Woodcock told the two teams of attorneys at the beginning of Friday’s hearing.
“I sympathize very much with the state of Maine on this but that is a personal sympathy, not a judicial one,” Woodcock added.
It’s got to be tough to continue in defense of a lawsuit where it already appears the judge has made up his mind. One would think that there is much to consider before rendering such a decision. First, Woodcock should consider the facts. According to figures from the U.S. Fish and Wildlife Service, since 1999, 34 lynx have been inadvertently trapped. Of the 34 trapped, only two have died. The rest have been released successfully. Any intelligent person with common sense can clearly see this is in no way harming the species.
A judge it seems would also want to consider how many lynx have be killed over the same period of time by other means, like driving a car or the destruction of wildlife habitat by development and logging operations. Any wildlife scientist will tell you that the biggest threat to a lynx is loss of habitat. We must also consider that during the decades the bald eagle was protected by the Endangered Species Act, trapping continued in Maine. There were a few reported cases of inadvertent trapping of eagles because they are scavengers, yet the species has flourished, despite the trapping and has been removed from the ESA list.
If find it quite disturbing that a judge would have such a black and white approach before even hearing any evidence presented in a case. Is this grounds for dismissal or can they seek a new judge? Once again he makes his intent quite clear.
“It is the law,” he said. “I don’t think there is any question about it, and I am obligated to follow the law.”
Where is precedence? Do cases exist that a common to this suit? Hasn’t trapping continued all over this country in areas where endangered species exist without jeopardizing the restoration of the species? Has any wildlife agency and in particular the USFWS ever taken issue with this practice before?
The state will attempt to show that the U.S. Fish and Wildlife Service has never indicated that inadvertent trapping of the lynx posed any problem in dealing with the protection of the species and that two lynx trapped and killed in 8 years is no danger to the animal.
It is extremely disturbing and unfortunate that a U.S. District Court judge has already made up his mind in this case without first hearing evidence. Another indication of legislating from the bench and making rulings based on personal agenda. It’s sad. A black and white ruling like this will set a precedence that could effectively put an end to trapping in areas where any endangered species exist. This act in itself could actually put some endangered species at higher risk because of some trapped species growing unchecked. This is further reason that the ESA should be overhauled or even tossed out, at least challenged in court as being unconstitutional.
Is there no common sense anywhere, anymore?
Tom Remington
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