Just over a week ago I posted a press release here at the Black Bear Blog that announced the delivery to Maine’s Governor John Baldacci (D-Maine) by State Rep. Peter Edgecomb (R-Caribou) a petition seeking action by the state to do something about saving the state’s deer herd and controlling predators. One of the actions seeking immediate attention was the implementation of an “effective” predator control program.

The petition calls on the Maine Department of Inland Fisheries and Wildlife (IFW) to institute, without delay, an effective predator management program including, but not limited to, filing an incidental take permit in order to reactivate the winter coyote snaring program. The “incidental take permit” (ITP) refers to the snaring of lynx. Lynx, which are listed as “threatened” in Maine under the Endangered Species Act, cover much of the area in northern Maine where there is great concern for deer.

An Incidental Take Permit is required by law if activities taking place within an area where endangered or threatened species exist might cause harm to those species. In Maine’s case an Incidental Take Permit should be required for lawful trapping in areas where the Canada lynx are found. One of the requirements of obtaining such a permit is to show proof that the conservation activity taking place in which Maine would be seeking a permit for, outweighs any potential harm that might result to the Canada lynx.

Snaring, a method of trapping that was proven extremely effective in taking coyotes around winter deer yards, was banned in Maine believing that this kind of trapping would cause harm to the lynx. That debate continues.

The petition handed to Governor Baldacci is asking that the state rescind the ban on snaring, essentially in an emergency effort to allow for better coyote control to help in eliminating further destruction of the deer herd, especially in Northern Maine.

Confusion arose when in the same press release as referenced above, an official for MDIFW stated an Incidental Take Permit had been applied for.

An IFW official said the department applied for an ITP from the U.S. Fish and Wildlife Service (FWS) in August 2008 while it was still fighting lawsuits from animal rights groups seeking to block the permit. The FWS has not acted on the ITP application to date; but Ken Elowe, the director of IFW’s Bureau of Resource Management, says action may be imminent. “I have had recent communications with FWS stating that they are nearing the point of (required) advertising in the Federal Register for 60 days of public comment before they can act on the application,” he reported. “IFW continues to work on this, with the help of Maine Trappers Association, to get a solution for Maine’s people.”

Some were led to believe that this Incidental Take Permit, if granted the state of Maine, would cover the incidental taking of Canada lynx should Maine rescind the snaring ban. Some even were led to believe that the permit would reinstate snaring. This is not at all the case.

It is my understanding that the permit that MDIFW has applied for would cover the present “legal” means of trapping that are permitted by law in designated lynx habitat. Methods permitted by Maine law does NOT include snaring. It would therefore be my assumption that should MDIFW be so bold as to defy the ban on snaring or repeal the present ban, this action would nullify the present permitting process. I would also assume that MDIFW could then reapply for an Incidental Take Permit on lynx that pertained to the legal method of snaring as well as all other methods within lynx habitat.

However, the ban on coyote snaring came through the Maine Legislature, as much to ward off animal rights lawsuits than anything to do with protecting or managing wildlife, and would require Legislative approval to change that law. This is something that could be done. What would also become necessary, in my opinion, is to seek a resolution within the Maine Legislature that would fully support a move to reinstate the snaring program and whatever legal actions the MDIFW deemed necessary to thwart further devastation to the deer herd. This would indicate a willingness to support and defend all actions to protect the Maine deer herd.

Recently the State of Idaho proposed a similar resolution that would notify the governor that he had the full support of the Legislature should he deem it an emergency situation to kill wolves in order to protect the state’s elk, deer and moose population, which happening there now.

The Endangered Species Act does not provide for the destruction of one species in order to save another. Maine now has to decide if it values its whitetail deer herd enough to fight for its survival. At the same time, Maine residents need to know that the Incidental Take Permit applied for by MDIFW will not address the coyote snaring issue nor does it have anything to do with efforts to save a rapidly dwindling deer herd.

Tom Remington

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