Without even giving the debate on predator control in Maine a chance take root and accomplish goals, the debate now seems to be shifting toward the moose herd, including winter ticks and the new revelation that Maine has an estimated moose population of 75,000 or more.

Much of the fervor over winter ticks and moose began in early December when Terry Karkos, staff writer for the Sun Journal in Lewiston, Maine, penned an article about two guys who spent time in the woods last spring looking for shed antlers, found a lot of dead moose all covered with winter ticks.

He and a few friends said they found 50 dead moose calves and adult moose this year in the Jackman region while looking for horns and doing some spring fishing…………………

Eighteen people, including Mason, found 142 dead moose across Wildlife Management Districts 2, 4, 7, 8 and 12, which stretch from the Western Foothills to Aroostook County.

Those interviewed for the story attribute the deaths of these moose to winter ticks.

These are definitely not winter kill,” Mason said recently. “Of the typical winter kill animals like moose, it gets sick, it stands in a small area and basically you find 400 moose droppings and a dead moose in the middle of it………………………….

Every single one that I had found and that the other guys had found, the snow was just starting to come off them and they were totally untouched, so it’s obvious it’s not a predator kill,” Hall said. “You could see ticks right on them.

A deer and moose meat processor from Minot told Karkos, “I think we need a winter without any snow and about minus 30 (degrees) for a month and a half, because that’s the only way you’re going to get rid of them.”

That’s sort of the same story that seems to get spread around about winter ticks. There is information available and I think for the most part the Maine Department of Inland Fisheries and Wildlife (MDIFW) biologists and others have done a respectable job getting out information about winter ticks.

In a November 6, 2011 Sun Journal article, once again Terry Karkos gets information from some of MDIFW’s biologists about the winter ticks.

Maine wildlife biologist Chuck Hulsey:

Winter ticks are affected by what the previous winter was,” Hulsey said Friday. “If you have a lot of snow and a lot of cold, that’s not good for the ticks. If you have less snow and more warmth, it’s really good for the ticks.

Maine wildlife biologist Lee Kantar:

In October and November, winter tick larvae climb shrubs and grasses, gather in huge clusters and wait to ambush moose as they walk past, Kantar said.

“When the ticks are on that bush and they sense the heat of the moose walking by, they basically grab a hold and the whole cluster of moose tick gets onto the moose,

There seems to be a bit more information about winter ticks that I haven’t found in any Maine publications that deals more in depth with what happens in the fall when the winter tick larvae are gathering on vegetation waiting for a free ride with a host. In addition to that, while these winter ticks effect all wild ungulates, why pick on the moose so much. And, it is said that the winter ticks don’t actually kill the moose, but rarely, are we looking at an honest assessment of all factors that kill a moose weakened by tens of thousands of blood sucking ticks?

Lee Kantar says that the winter tick is a “huge contributor” to the death of some moose, he also points out that, “it’s not the sole cause”. Even on the MDIFW website, information provided about moose states that, “winter tick and lung worm infestations rarely kill moose”.

This information is supported in existing studies about moose and winter ticks. William M. Samuel and Dwight A. Welch, “Winter Ticks on Moose and Other Ungulates: Factors Influencing Their Population Size” states that winter ticks (dermacentor albipictus) being the cause of death isn’t certain because, “unequivocal evidence is lacking”.

I think therefore it might be honest to conclude that the cause of death in the majority of dead moose being found in the Maine woods that are inundated with ticks, was not the tick alone. There had to have been other factors. We’ll address those in a moment.

First I think it important to better understand what takes place in the fall of the year. We have read statements from biologists and outdoor sportsmen that seem to indicate that Maine needs little snow and very cold temperatures to kill off the ticks. While that may be true it’s not the entire story in the life cycle of these ticks.

Samuel and Welch state that for there to be significant die-offs of winter ticks, you need 6 consecutive days in which the temperature does not exceed 1.4 degrees Fahrenheit. This is not the only way to kill the ticks and/or lessen the severity of ticks on moose.

During the fall months, in Maine’s climate around September and October, the winter tick larvae find their way onto vegetation. They clump together on the ends of small branches etc. These larvae can be found on vegetation just above the ground to quite high up in trees. The larvae wait until a passing, warm-bodied host, in this case a moose, passes by and then they attach themselves to the moose and the ride begins. You can read all the splendid details by reading the studies, etc.

It is during this time of year, September/October, that certain weather events can have a significant effect on how severe the tick season will become. Early cold temperatures, especially those below freezing, will greatly reduce the activity of the larvae, i.e. limiting their effectiveness of attaching themselves to the moose or even migrating up the stems of vegetation.

Early snows can bury the larvae and stiff fall winds will blow the larvae off the vegetation scattering it around and to the ground preventing the larvae from being able to find a host. The studies of Samuel and Welch, as well as others, seem to agree that the weather events of the fall have a greater effect on tick production than hoping for enough snow and cold in winter to kill the ticks. Without a host, the larvae die.

There are other interesting things to be discovered about moose and winter ticks. For example, these winter ticks bother all wild ungulates, i.e. deer, moose, elk, etc., but most scientists will agree that it seems to be the moose that is the most effected. It is assumed that it all has to do with timing.

The aggregation of the larvae on vegetation seems to more closely fall in line with the timing of the moose mating season. During this time, moose are most active, covering greater amounts of territory than normal and male moose travel more than the females and thus explains the observation by some that it seems bull moose are more effected by the winter ticks than cows. I believe this conclusion about bull moose vs. cow moose is based on assumptive reasoning than anything concluded through scientific study.

In the Samuel/Welch study, experiments were conducted and it was determined that moose have an aversion to larvae/tick infested food. Imagine if they didn’t. If moose have an ability to smell or sense the larvae on the vegetation and in their food, it might also help to explain the claims of some and what is obvious on the ground that predators and scavengers won’t touch the dead carcass of a tick infested moose.

Studies have shown us that there can exist tens of thousands of ticks on any one moose and that this number of ticks can certainly put the moose into a weakened state. Moose are already in a weakened state just trying to survive the winters. Compound that with 50,000 ticks and the problems snowball. However, as we have learned, the ticks alone rarely kill a moose but certainly contribute to it.

When the blood sucking begins, the moose spends much of it’s time “grooming”. Studies tell us that moose that are troubled by the biting ticks do not bed down as often nor as long as non infected moose. This of course tires the animal even more.

While studies seem to be lacking on exactly what happens to the composition of the moose’s blood while all these ticks are feasting, it is honest to assume that the more female, blood sucking ticks there are on a moose, factoring also the moose’s body mass, the greater a weakened state is realized due to loss of blood.

All of these factors and more, make the moose more vulnerable to all the other elements that contribute to normal winter kill. In other words, it becomes more difficult to get enough nourishment; loss of blood and reduced winter hair makes the moose more susceptible to hypothermia; spending so much time “grooming” expends valuable energy needed for survival and with all these losses a moose certainly could not ward off attacks and harassment by predators.

This is perhaps where I’ll get ambushed but please consider the facts and possibilities. There is no denying that coyotes/wolves will harass and kill moose, deer and elk during their weakened winter states. Even though it is seen and believed to be accurate that predators and even scavengers will not touch a tick-infested moose carcass, at what point does a pack of hungry wolves/coyotes know their target is tick infested.

Some of us have been made aware through written and video accounts of how these predators take down and kill, often eating alive, their prey. We have also seen videos and photographs that document coyotes and wolves chasing down their prey. How long could a moose, weakened by normal winter strains and tick infestation, last in trying to run away from a predator attack? Not long I’m afraid. Would the moose have survived if the predator wasn’t there? There’s no way of knowing the answer to that question.

Which brings us once again back to the same point about predators. It seems that when all things within our forests are going well, little concern is given to predators and the effects they have on our game animals. When things get skewed, those populations of predators loom large over the forests and can raise some serious cane even to a point of prohibiting the rebuilding of a herd of deer or moose, in this case a herd that might be suffering some from these blasted ticks.

So, what do we do about the ticks? What can we do? In one report a gentleman suggested some kind of spraying program to kill the ticks but I’m not sure how feasible that is or if that’s something we want to pour onto our landscapes. We can’t control the weather but we can control the predators. But, is that the answer either to this exact equation?

In George Smith’s blog post yesterday, he explained that one Dr. Anthony who attended a recent information session on Maine’s moose, suggested that instead of trying to limit hunting permits for moose to protect them due to increased mortality from ticks, that killing more of the moose might be the better solution.

I’ll leave you with some questions. Feel free to chime in below in the comments section with some answers.

1. According to George Smith’s blog post I referenced above, in 2007 the estimated moose population of Maine was 45,000. Now Lee Kantar, Maine’s head deer and moose biologist claims there are 75,000 or more. Are there now too many moose in Maine which is exacerbating the tick problem?

2. If so, do we kill more moose during the moose hunt? Or do we protect more moose?

3. George Smith states that the new moose counts are, “more credible than any previous estimates”. He offers no substantive proof of his claim. Do you think the new counts are more “credible” or accurate than previous and why?

Who would have thought 35 years ago Maine would be asking if the state had too many moose?

Tom Remington

Dear Friend,

On behalf of the Maine Department of Inland Fisheries and Wildlife, I am sending you this email today to inform you of an exciting new endeavor the Department has undertaken with the Wildlife Research Foundation.

We urge you to visit the Foundation’s new website by clicking here. A camera has been placed in a bear den in northern Maine, providing 24/7 streaming of one of our radio collared bears, “Lugnut” who birthed two cubs on January 16. This is the first time a live streaming video has been placed in a wild Maine Black Bear den.

The website provides us with an opportunity to share Lugnut’s world and watch her as she raises her cubs. You will also see videos of our bears “Spunky” and “Nell” and as the project develops, we will follow those bears and others.

There are videos that tell the story of the north Maine woods, its habitat, including how the camera was installed in the den. Fascinating stuff.

The video in Lugnut’s den provides not only a unique visual, but audio as well; the two cubs (yet un-named) often squeal and protest quite loudly as they adjust to life in the den.

The Foundation’s mission statement states their goal is to provide funds and support to the scientific community and wildlife managers to enhance wildlife and habitat research and inform and educate the general public concerning the value and necessity of wildlife research.

The bear cam allows us to do that in a fun and exciting way!

The Foundation approached the Department with this unique opportunity and we are pleased to work with them to educate the public on Maine’s Black Bear population and urge donations to the Department’s wildlife research projects. Maine is fortunate to have two of the most well respected bear biologists in the nation, Randy Cross and Jen Vashon, and I know the website will be an effective and exciting tool to educate people around the world about Maine’s Black Bears.

The website has become popular right out of the gate. It has been live for just two weeks, and has had over 15,000 visitors.

We encourage you to share this email and the link to the website with your family, friends and colleagues, urging them to follow the story of Lugnut and her cubs and to also support the work of the Foundation and Maine’s wildlife research projects.

Thank you very much and I hope you will follow Lugnut’s journey as I will on a daily basis!

Sincerely,

Chandler E. Woodcock
Commissioner
Maine Department of Inland Fisheries and Wildlife

Last year about this time five members of the Carrabassett Valley Trappers reported in an article that the five had trapped and tagged 70 some coyotes. They had taken the coyotes in the early canine season in late October of 2010. This effort helped to reduce damage to livestock and wildlife (deer in particular).

This last year’s (2011) take during the same time frame resulted in the five individuals tagging 83. The period trapped is the special canine season that runs two weeks before the general trapping season and deer hunting season. The five trappers in the photograph are left to right Dave Miller, Gordon Blauvelt, Matt Landry, Steve Rankin, and Jerry LeBeau.

With approximately 2000 licensed trappers in the state, if each caught just 5 apiece, the benefits to our deer herd would be tremendous. With the current condition of the deer herds in western, northern, and down east Maine recovery is about impossible with the current level of predators. These predators that prey on deer size mammals include bears, bobcats, and coyotes; with coyotes being the most prevalent and damaging. At present, the deer numbers are so low that with the level of current predation deer recovery is impossible. This is because the number born and surviving to adulthood is less than that taken annually by the predators.

Trappers, hounds men, and hunters together with effort can reduce the predation by coyotes to a level where recovery is possible along with proper deer wintering area management and the lack of back to back bad winters. The loss of our deer herd has resulted in a tremendous impact to our states economy and in particular that of rural Maine. Deer hunting alone was a multi-million dollar business to the state. In recent years we have seen a great reduction in the number of out of state hunters. The majority of those same hunters (at their own admission) now go to New York, Pennsylvania and other destinations to hunt. They say, why hunt in Maine when there are so few or in some areas no deer anymore.

At the end of the following letter are instructions on the proper way to submit comments to the U.S. Fish and Wildlife Service. The deadline for comments is February 7, 2012. Please reference this website for additional information on this issue.

Dear trapper, December 28, 2011

We need your help! Twelve years ago the U. S. Fish and Wildlife Service (USFWS) listed the Canada lynx as a threatened species. Maine’s healthy lynx population was included in that listing. At the same time, the USFWS promised to adopt a rule to “to address incidental take of lynx resulting from otherwise lawful hunting and trapping”. Unfortunately, that never happened. Failure of the Service to address “incidental take” paved the way for animal activists to use the listing to attack trapping. They filed two separate lawsuits against the State of Maine, both of which attempted to outlaw trapping in lynx habitat, nearly half the State, and which eventually resulted in increased trapping restrictions. Until the incidental take issue is resolved, more lawsuits are likely and our trapping heritage remains in jeopardy.

The USFWS now appears ready to address the incidental take of lynx by trappers in Maine. They are currently accepting comments from the public in response to Maine’s application for an Incidental Take Permit (ITP). This permit, if issued, would allow a limited number of lynx to be taken incidentally in traps set for other furbearers. Depending on the conditions attached to the ITP, trapping for other furbearers would be allowed to continue, and individual trappers would be protected against prosecution for accidentally catching a lynx

Maine’s application spells out the things the State plans to do to try to keep lynx from being taken accidentally in traps. The State believes, and the MTA agrees, that what they have proposed is adequate to protect lynx. However, the USFWS has listed numerous additional requirements and restrictions for protecting lynx that could be added to, or adopted in place of, what the State has proposed. That’s where things get really scary for trappers. The animal fanatics will be pushing hard for the most severe restrictions and will be sending lots of written comments to support those restrictions. If the number of comments received by the USFWS is lopsided in favor of the protectionists, there is a possibility that the ITP could be accompanied by restrictions that would be devastating to trappers, including an end to land trapping in lynx areas.

In order for trappers to have any input, they must prepare comments in writing and submit them to the USFWS prior to February 7, 2012. The MTA will be submitting comments on behalf of our membership, but that’s not enough. The USFWS will consider it as “one comment received”. That’s why we are asking individual trappers, not just in Maine but from across the country, to help us out and send comments opposing the alternative restrictions listed by the USFWS.

Here is a list of the things the State is proposing to do that would directly impact trappers. The Maine Trappers Association supports this list.
* Maintain most of the trapping rules that are currently in place.
* Maintain current restrictions on the use of killer-type traps in WMDs 1 through 11 and 14, 18 and 19, but consider expanding the use of killer-type traps at baited boxes, protected with lynx exclusion devices, on the ground.
* Maintain current size restrictions on cage-type live traps.
* Work with trappers to continue to develop techniques that will help reduce the incidental trapping of lynx.
*Eliminate the jaw-spread restrictions on foothold traps that are currently in place in WMDs 1 through 6 and 8 through 11.
* Maintain current rules regarding anchoring devices on foothold traps.
* Maintain current restriction regarding the use of visible bait.

The USFSW has listed other restrictions that could be implemented to protect lynx from being trapped incidentally. These things could be added to, or take the place of, the things the State has proposed. The MTA is adamantly opposed to every item in this list. However, the USFWS will have the final say. What they decide will depend a lot on the comments they receive.
* Require lynx-exclusion devices for all killer-type traps at land sets, including elevated sets on poles and trees, in WMDs 1-11, 14, 18 and 19.
* Require that all trappers phase in foothold traps meeting BMP standards for fox, coyote and bobcat over the next 5 years and rescind existing jaw-spread restrictions once BMP trap requirements are fully implemented.
* Eliminate the use of drags and require short chains, swivels or in-line springs for foothold traps at land sets in WMDs 1-11, 14, 18 and 19.
* Limit the use of killer-type traps at land sets, including elevated sets, to size #120 (5-inch) and smaller in WMDs 1-11, 14, 18 and 19.
* Require 24-hour check of all killer-type traps at land sets, including elevated sets, in WMDs 1-11, 14, 18 and 19.
* Require pan-tension devices on all foothold traps at land sets in WMDs 1-11, 14, 18 and 19.
* Limit the use of foothold traps at land sets in WMDs 1-11, 14, 18 and 19 to the months of October and November only.
* Prohibit trapping with land sets (including elevated sets) in WMDs 1-11, 14, 18 and 19.
* Require periodic re-training of all trappers on how to avoid incidental lynx captures.

How to Submit Written Comments
It is important that your comments address one or more of the items mentioned in the list above. You should include factual information about why a particular restriction is objectionable and unnecessary. These comments must be submitted prior to February 7, 2012 in order for them to be considered. All comments must be in writing and may be submitted either through regular mail or by email to one of the addresses below.

Regular mail: Email address:
U.S. Fish and Wildlife Service hcpmainetrapping@fws.gov
Maine Field Office
17 Godfrey Drive, Suite 2
Orono, ME 04473

Additional information about the Maine lynx situation, including Maine’s application for the ITP and the Environmental Assessment prepared by the USFWS in response to that application, is available online at the following website: www.fws.gov/mainefieldoffice/Canada_lynx.html

Thank you sincerely for your help!
Maine Trappers Association

The Canada lynx was declared a “threatened” species in the state of Maine in 2000. In 2009, the Federal Government designated a large chunk of northern Maine as “critical lynx habitat”. In the midst of a lawsuit by animal rights/environmental extremist groups, Maine agreed to and signed a Consent Decree that would allow the state to continue with its trapping program, albeit in a limited and restricted fashion. Also in the Consent Decree, MDIFW listed Wildlife Management Districts (WMD) 1,2,3,4,5,6,8,9,10, and 11 as their own brand of critical Canada lynx habitat designation. According to the Consent Decree, within these WMDs, Maine trappers were restricted to smaller trap sizes, aimed are reducing “incidental” trapping of lynx and the use of snares for limiting coyote mortality on deer in wintering yards was banned, among other restrictive measures. Maine remains under the throes of the Consent Decree until such time as the state can obtain an Incidental Take Permit (ITP) from the Federal Government.

An ITP is an agreement reached between the state and the Feds on how to conduct a trapping plan in order to continue adequate protection of a “threatened” or “endangered” species in order that this species will not be blocked from recovery. You can view the application for an ITP for Canada lynx at this link.

I learned a few days ago, through hours of research, that Maine’s current laws on trapping are NOT what most sportsmen believe them to be. I would strongly suggest reading that article before proceeding with this one.

Most sportsmen in Maine believe that if Maine can obtain this seemingly illusive ITP, then trapping can resume as normal and that the commissioner of the MDIFW can implement snaring programs to save the deer herd. This is not the case.

To be as brief as possible, the current law governing trapping and specifically snaring in Maine can be found in Maine Statute 12252 and Maine Statute 10105, as recodified under LD 1600 signed into law on June 3, 2003 by Gov. John Baldacci. MS 12252 bans snaring in Maine with exceptions. In part, MS 10105 lists the authority the commissioner has to utilize some form of “coyote control program”, in which he can hire trained agents to implement snaring in unorganized townships during winter (this was not part of LD 237).

While the law was effectively rewritten during recodification, it must be further understood that obtaining an ITP from the USFWS will not free up the commissioner or even the Maine Legislature to use snares to kill coyotes.

First of all, the application for an ITP is nothing more than a clone of the Consent Decree signed in 2007. It bans the use of snares and still retains the restrictions on trap sizes. The application and plan is not restricted to just those WMDs that MDIFW listed. It becomes statewide.

In the very first parts of the application it states:

The Department seeks a Section 10 permit that would cover its agents and licensees from liability in the event of incidental take of Canada lynx (Lynx canadensis) in Maine that may occur as the result of otherwise lawful activities.

This Consent Decree clone of an application now will stretch out and cover the entire state, or at least that is how I understand the terms of the plan as written thus far. In essence Maine rids itself of one ball and chain, Consent Decree, and replaces it with a bigger ball and chain, ITP.

In short, where currently Maine is continuing its trapping program under the Consent Decree, which I believe in conjunction with current laws, the commissioner COULD, implement a snaring program outside of the 10 WMDs listed, in unorganized townships during winter. When and if this ITP is granted, the commissioner will lose his authority to do that.

If my calculations are correct, then short of dealing with some kind of liability issue for incidentally catching and or killing a lynx (which by the way, since 2000 no lynx has been killed as the result of an incidental take), why would Maine even seek an ITP that is more restrictive than the one in place now?

Some believe that Maine then needs to apply for an ITP for snaring in Maine. You will probably witness me walking on water before that ever happens. I doubt that if you collected all those in Maine Government and the Federal Government who would support an effective snaring program, you could fit them all into the eye of a needle.

From the frying pan to the fire.

Tom Remington

Summer comes, final plans are made and the car is packed. The drive takes about 12 hours but the anticipation is great. Everything the family has read and heard and even pictures viewed attributes to the building anticipation.

Finally, on the first day, you drive the wife and kids to the park and you visit the Welcome Center, once again picking up brochures and looking at maps, all that touristy stuff. You even take the time to view the movie in the theater. But when you and your family emerge from the darkness of the theater, it is only then that you discover that’s it. This is all there is to see and do in Acadia National Park. You question an information employee and they tell you that having attractions in the park is part of a long-term plan that hopefully funding will become available so that eventually they can build roads and put out picnic tables, etc.

As inane as this all seems, it appears this is what the recommendations will be like when the Maine Legislative Task Force, commissioned to figure out why Maine has seen such a drastic decline in game license sales, presents its findings.

The minutes to the final officially scheduled Task Force meeting of November 20, 2011 have become public information now and these minutes gives us a glimpse at what the Task Force will recommend to the Maine Legislature. Oddly, those recommendations were due on December 1, 2011. (Note: At the time of this writing, those minutes had not been posted on the MDIFW website. Check this link to see if they have.)

It is no secret that the overwhelming attraction for hunters to Maine has been the opportunity to hunt whitetail deer. One can argue that perhaps the state hasn’t done a good enough job promoting the resources available to hunt other game species, however, you just can’t ignore that fact.

If the majority of people visit Acadia National Park because their main focus is to see Thunder Hole or drive to the top of Cadillac Mountain and either or both of those elements of the park disappeared, who would still want to come? Yes, the National Park Service can mount a campaign to get visitors to come because there are other things to do and see, but it would remain a major obstacle to overcome and pretending the Mountain or Hole is still there and the Park Service is doing all it can to get them back, will do little to bring visitors until it actually happens.

This is how I see the Task Force attempting to address a problem with lack of hunting license sales. There are no deer to speak of in Maine. The herd is in trouble, and while the vast majority of hunting license buyers want to hunt deer, expending nonexistent money and resources to convince them to come to Maine anyway and hunt other things and do other activities besides hunt whitetail deer is nothing more than a huge denial. Hey, here’s an idea. Let’s use the same resources and money to build the deer herd and THEN go invite participants! Maine Department of Inland Fisheries and Wildlife (MDIFW) complains they can’t do this or that to help the deer herd because there is no money, then why, if this Task Force thinks it can find money to promote other things to do with hunting, funds can’t be found to kill more coyotes and improve habitat?

In the final meeting minutes, of which comprises 14 pages, the ONLY mention of the major attraction gets two and one half lines:

7. We need to educate people on what DIF&W is doing to increase the deer herd. Stop sending the negative messages and send the positive messages of what we are doing to address the problem.

I’m afraid that’s it! And then the next page and a half is spent addressing how to market all the other things Maine has to offer. I’m not saying that this Task Force hasn’t come up with ideas and suggestions that probably would help attract visitors IF THERE WERE DEER TO HUNT! Get it? DEER – DEER – DEER – DEER! That’s what it’s all about. A nonresident hunter might want a hot tub to play in at night or Wi-Fi but it’s still all about deer! Have you ever seen a ski resort draw a crowd when there is no snow? Didn’t think so.

As I illustrated at the very beginning, people are drawn to certain things. Whether it’s Magic Kingdom at Disney, Thunder Hole in Acadia or Old Faithful in Yellowstone, if those attractions comprise an overwhelming majority of what the people want to see and those are taken away, these attractions will suffer greatly until they are brought back or something better to replace them.

It appears, for whatever the reasons, this Task Force is either unable or unwilling to see clearly that having no deer to hunt is a problem. If you want to open a theme park, it is strongly recommended that the first thing you do is develop a theme. There must be a focus of what the attraction will be. Whitetail deer are the focus of attraction for hunting in Maine. Yes, the turkey hunting, grouse hunting and bear hunting might be some of the best around but it does little when the majority want deer to hunt. It’s a simple concept really.

I understand the complexity of resolving the lack of deer problem. What I don’t understand is the skirting of the issue by this task force. Because the Legislature decided who would be able to sit on this task force, perhaps the make up is too heavily empowered by governmental agencies and representatives that most participants fear addressing this issue. I just don’t know.

There are no “regular sportsmen” on this panel; only guides and outfitters. While I understand the focus of this task force is to determine why nonresidents aren’t coming to Maine to hunt, don’t Maine resident hunters/sportsmen have something to say about it?

It makes little sense to me and has positioned itself to become nothing more than just another governmental bureaucratic waste of time and resources to say and recommend things that sound good and make our hearts beat a bit faster for a moment.

I think it would be a reasonable recommendation to make that Maine first built the roller coaster ride and then sell tickets for the ride. Doesn’t that really make sense?

Tom Remington

If you are puzzled, join the ranks of thousands of other Maine sportsmen.

Let me present a bit of personal history to help readers understand how I got here. As a hunter, I have become concerned over what I believe to be an overgrown population of coyotes in many parts of Maine. This has contributed to a sizable reduction in the whitetail deer population there. Efforts to do something about that population have seen many hurdles and are currently mired in court orders and confusion over just what the Maine laws are. Perhaps it is intended to be this way.

Trappers using snares has proven to be an effective tool to target those coyotes who like to consider wintering deer yards as their own private 5-star restaurants. Implementation of snares around deer yards took care of a respectable number of coyotes that would kill winter-weary deer.

Use of snares was stopped and subsequent lawsuits by environmental and animal rights groups, coupled with a federal listing for protection of Canada lynx, has left Maine in a situation where, even if IFW agreed coyotes were that serious a problem, there is little they are willing or able to do to stop the demise of the deer herd.

But confusion has run deep as to what the Maine laws governing trapping and in particular snaring are. Here’s a brief history.

In 1929, the Maine Legislature passed and was signed by the governor, a law that banned the use of snares…..period. Over the years there have been minor changes to what equipment and definitions constituted a snare. I believe it was in 1983 when the Maine Legislature mandated that the Maine Department of Inland Fisheries and Wildlife (MDIFW) begin a program to control the population of coyotes. This, to my knowledge, was the first attempt at implementing the use of snares.

Through the 80s and 90s, it seems the Maine Legislature as a whole has been mostly supportive of controlling coyotes and have instructed MDIFW to do something about coyote control, and yet there is none.

To keep my focus where it needs to be in this article, I’ll become more directed to the events of 2003. The Maine Legislature and Gov. Baldacci, signed into law LD237, “An Act to Improve the Coyote Control Program”. Initially, LD237 was a bill to ban snaring again, even after it had shown its effectiveness. Subsequently and during debate, etc., LD237 was amended and thus the title I gave above was attached to the bill.

LD237 was not an all out ban on snaring. What remained was the authority given to the commissioner of MDIFW to use “agents” to “meet management goals established by the commissioner for deer……”. I say this with all due diligence that I firmly believe the overwhelming majority of Maine sportsmen believe this is the law that is in place today as it pertains to snaring. If this were the case, then surely the Commissioner, Chandler Woodcock, or any commissioner before him or after, could have easily put together a plan to implement a targeted snaring program for coyotes in areas of Maine most vulnerable to coyotes……if that were the law.

As the result of a lawsuit filed against Maine by the Animal Protection Institute, in 2007 a Consent Decree was activated by the Courts. In that Consent Decree, the use of snares was prohibited within those Wildlife Management Districts that had been deemed critical habitat for the Canada lynx; a species protected under the Endangered Species Act.

Because the majority of hunters and trappers (and to be honest, I think the ignorance ran deeply into MDIFW and probably the Maine Legislature) were still thinking that Maine was operating under the statute of LD237, people began asking why MDIFW didn’t implement snaring programs in areas outside critical lynx habitat. Downeast regions come to mind.

The Consent Decree was to remain in effect until such time as Maine was granted an Incidental Take Permit (ITP) from the U.S. Fish and Wildlife Service (USFWS), for the “incidental” taking of lynx during trapping season. Once again, sportsmen waited eagerly for Maine to acquire such a permit, believing that with this ITP, the commissioner has authority under LD237 to begin a snaring program. In the meantime, the deer herd is suffering.

I was one of many in the ranks of those led astray, or poorly informed, who wrote extensively on LD237 and the commissioner’s authority granted in that bill, fully believing through many hours of research that LD237 was the snaring law we were abiding by. Nobody has attempted to clear this up that I am aware of.

So, what law is the MDIFW, trappers and the people of Maine being governed by as it pertains to the use of snares? It took me many hours of research and a lot of dead ends and frustration, before I contacted the Maine Law Library seeking information, hoping it would answer some of my many questions.

What really piqued my level of frustration came when I was reading the Application for an Incidental Take Permit. Included at the end of this application was a copy of the trapping laws and rules that govern trapping in Maine. This is where I came upon Maine Statute 12252. Reading that statute, it says that it is unlawful to “set or tend a snare…….”. I told myself that there was something seriously wrong here. This isn’t even close to LD237, the law I and many others believed to be the law governing snaring.

A very important note that needs to be made here: This is the only statute provided in the ITP application that refers to the use of snares for capturing and killing coyotes. More in a minute.

Once the fine people at the Maine Law Library helped me and sent me some 800 pages of files and documents, I have learned that LD1600, “An Act To Recodify the Laws Governing Inland Fisheries and Wildlife” is the bill that governs trapping statewide.

Before I proceed, I want you to embed into your memory that LD237 was signed into law by Governor John Baldacci on April 25, 2003.

On June 3, 2003, Governor John Baldacci signed into law LD1600. LD1600 was introduced by Senator Bruce Bryant. There were no sponsors or cosponsors. Mr. Bryant was Chairman on the Joint Committee on Inland Fisheries and Wildlife at that time I was told by the Law Library. By law, the Joint Committee was to read LD1600 and debate all 600 pages or so and they ultimately made a unanimous recommendation to the Maine Legislature, “Ought to Pass”. According to House and Senate records there was no debate on LD1600. It passed the Legislature on May 27, 2003 and was signed into law by the governor as described above.

The Maine Constitution, Article X, Sec. 6, mandates the “recodification” of statutes every ten years beginning in 1973.

Section 6. Constitution to be arranged by Chief Justice of the Supreme Judicial Court; Constitution to be enrolled and printed with laws; supreme law of the State. The Chief Justice of the Supreme Judicial Court shall arrange the Constitution, as amended, under appropriate titles and in proper articles, parts and sections, omitting all sections, clauses and words not in force and making no other changes in the provisions or language thereof, and shall submit the same to the Legislature; and such arrangement of the Constitution shall be made and submitted to the regular session of the Legislature in 1973 and every 10 years thereafter unless sooner authorized by the Legislature; and the draft and arrangement, when approved by the Legislature, shall be enrolled on parchment and deposited in the office of the Secretary of State; and printed copies thereof shall be prefixed to the books containing the Revised Statutes of the State. And the Constitution, with the amendments made thereto, in accordance with the provisions thereof, shall be the supreme law of the State. (emphasis added)

My first knowledge about codification as it pertains to laws taught me that codification was more of a housekeeping measure. Its intent was to clear up language, redundancies, typos, grammar, etc., that sometimes made it difficult to interpret and administer the laws, but never to alter the law. Once statutes have been “codified”, which according to the Maine Constitution appears to have been in 1973, each ten-year term becomes “recodification”.

Wikipedia defines “recodification” this way:

Recodification refers to a process where existing codified statutes are reformatted and rewritten into a new codified structure. This is often necessary as, over time, the legislative process of amending statutes and the legal process of construing statutes by nature over time results in a code that contains archaic terms, superseded text, and redundant or conflicting statutes. Due to the size of a typical government code, the legislative process of recodification of a code can often take a decade or longer.

I think it becomes clear and should be a logical conclusion that the purpose of recodification isn’t to rewrite existing laws; only to clear up any confusions, etc. that make it difficult to understand the law.

And so, with the passage of LD1600 by the Maine Legislature, this is where the MDIFW came up with the statute that they provided in the application for an ITP to the USFWS that included a statewide ban on the use of snares.

As you might expect, this story doesn’t end here. In the “recodified” MDIFW trapping laws, i.e. Maine Statute 12252, Section 2, paragraph A reads: “A. Set or tend a snare for the purpose of trapping any wild animal or wild bird, except as provided in section 10105, subsection 1 and section 12259;” (emboldening added). If we examine the “recodified” MDIFW statutes under section 10105, subsection 1, we see that it tells us that the commissioner has the authority to issue permits to anyone in order to assist in the “taking and destruction of any wildlife”.

However, there is no mention in Statute 12252, of any reference to section 10105, subsection 3, “Coyote Control Program”, which I am under the impression is an attempt to recodify LD237. There exists no other place in the MDIFW statutes any law that resembles LD237 except for what is found in Statute 10105, subsection 3.

But, I’m left here with some of what I am considering serious and troubling problems with this entire procedure and the end results. First, if the purpose of recodification is to clear up confusing laws, errors, etc., one would think that during this process that Maine Statute 12252, Section 2, paragraph A. would have been changed to read: “A. Set or tend a snare for the purpose of trapping any wild animal or wild bird, except as provided in section 10105, subsection 1 and subsection 3 and section 12259;” (I emboldened what should have been added during recodification.)

As far as the laws that govern snaring, doesn’t it make sense that if a law is created that bans snaring and there were exceptions to that ban that all exceptions would be listed? Furthermore, shouldn’t it be expected that this should have been corrected during the recodification process? So was this a mistake by those undertaking the ginormous task of recodification, or something more sinister?

Second, before you answer that last question about the possibilities of something being more sinister, let me get back to something I mentioned before about the only snare-relevant statute included on the application for an ITP was 12252. Why didn’t the application also include statute 10105? The ITP application was drafted, according to dates on the draft, August 13, 2008. Gosh, the recodification and passage of LD1600 took place on June 2003.

The purpose, I am to presume, of MDIFW including the trapping statutes for Maine, is to show the USFWS what Maine’s current laws are that pertain to trapping, including snares so that USFWS officials can better determine how current laws will effect protection of the Canada lynx. The application included 12252, which “exceptions” 10105 subsection one but no mention of subsection three.

Was the omission of Statute 10105, the recodified law about coyote control and snaring an error, or something more sinister? You have permission to attempt to answer that now, however, you might want to read further.

Third, I have one more issue to discuss and bring to light. Above I provided information that I had as it pertains to codification and recodification. I think I made my case that recodification is not a tool to be used to rewrite existing laws, only to clear up discrepancies.

If that be the case, then certainly there is room for debate as to whether the recodification of the laws governing snaring were clearing up discrepancies or rewriting laws.

I am of the opinion that Maine Statute 12252 is a clear attempt at re institution of a statewide ban on snaring as was done in 1929. Maine Statutes in 1929, Chapter 331, Section 44 reads: “No person shall set a snare…..for any fur-bearing animal…”. Statute 12252 reads that it is unlawful to: “Set or tend a snare for the purpose of trapping any wild animal or wild bird”. Other than changing up some non existent and outdated terms and language, the recodification appears cut and dry.

I’m not sure the same can be said about Maine Statute 10105, Section 3, paragraphs A, B, and C. This has to be either an attempt to recodify LD237 or LD237 was stricken from Maine Statutes and this law was inserted in its place. This article is already quite lengthy but I believe it’s imperative to post the following information in order that readers can easily review and decide for themselves.

First, is LD237 passed into law on April 25, 2003:

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §7035, sub-§3, ¶B, as amended by PL 1999, c. 636, §1, is repealed.

Sec. 2. 12 MRSA §7035, sub-§3, ¶B-1 is enacted to read:

B-1. An agent may use snares to control coyotes during winter months under the following conditions.

(1) Agents may use snares only for animal damage control purposes to help meet management goals established by the commissioner for deer, threatened or endangered species or other wildlife species or to benefit agricultural interests as described in paragraph C.
(2) Agents must be trained and certified by the department in the use of snares.
(3) Agents must be deployed by a department wildlife biologist before setting snares.
(4) Agents shall post access points to areas in which snaring activity is taking place, including, but not limited to, roads and trails for motorized vehicles, cross-country skiers or hikers or other obvious travel ways that may be used by people.
(5) An agent shall plainly label snares with the full name and address of that agent.
(6) An agent shall keep an accurate record of the number and location of snares set by that agent and must be able to account for those snares at all times.
(7) An agent shall check that agent’s snares that are equipped with relaxing locks on a daily basis.
(8) Department employees may accompany agents at any time an agent is checking snares.
(9) Agents shall report monthly to the department on forms provided by the department the coyotes and nontarget species taken by snaring during the reporting period.
(10) The commissioner shall revoke the snaring certificate of an agent who violates any provision of this paragraph.

The commissioner shall adopt policies and procedures on the use of snares as necessary to minimize the potential for taking nontarget species and to adequately protect threatened and endangered species.

And the following is Maine Statute 10105, Section 3:

3. Coyote control program. Pursuant to section 10053, subsection 8, the commissioner shall maintain a coyote control program as follows.

A. The commissioner may employ qualified persons to serve as agents of the department for purposes of coyote control. These agents must be trained by the department in animal damage control techniques and must be utilized by the department to perform coyote control duties in areas where predation by coyotes is posing a threat to deer or other wildlife. Each agent shall execute a cooperative agreement with the department specifying the conditions and limitations of the agent’s responsibilities as an agent, including any terms for reimbursement of expenses or payment of wages.

B. Agents must be trained in the use of snares and must be deployed in the unorganized townships to control coyotes during the winter months. All snaring must be carried out under the direction of department officials and with the knowledge of the local game warden. All areas of snaring activity must be adequately posted.

C. Agents may be utilized for the benefit of agricultural interests as long as the department is reimbursed annually for the cost of those efforts by the Department of Agriculture, Food and Rural Resources from funds specifically appropriated or otherwise made available to the Department of Agriculture, Food and Rural Resources for that purpose.

It certainly would appear to me that certain liberties were taken in “recodifying” LD237, if that is what this is supposed to be. While at first glace it may appear that this recodified statute is the same or at least similar to LD237, there is at least one specific qualifier in this statute that does not appear in LD237 and is far more than a clarification of text or outdated language, etc.

The first sentence in subsection “B” above states: “Agents must be trained in the use of snares and must be deployed in the unorganized townships to control coyotes during the winter months. (emphasis added).

In my opinion, this far exceeds what should be considered “recodification” of existing laws. Nowhere in LD237 did it state that snaring can only take place in “unorganized townships” nor was it limited to the winter months.

Granted LD237 gave the authority to the commissioner to formulate a plan which may spell out precisely that snaring will be in unorganized townships and in winter only. However, that was not necessarily the desire of LD237 nor was it even implied, nor is it the point of this article. If the Maine Legislature had intended to ensure that snaring was only going to take place in unorganized townships during the winter, then the bill would have stated such. Whoever rewrote this took the liberty to add in language that didn’t exist in LD237.

The question should become, who authorized or took in upon themselves to rewrite the laws of the state of Maine? Unless the laws in Maine that govern the recodification process are so lenient as to provide for such action, one must be left questioning whether this in an illegal action that needs some serious attention.

It should matter not whether one thinks snaring should or shouldn’t be used. It matters not whether snaring, if used, were to be relegated to unorganized townships. It matters not whether snaring should take place in winter or summer. What should matter is whether or not the recodification process in Maine results in the rewriting of laws enacted by the people of Maine? This cannot be. There has to be some kind of better oversight here, otherwise what confidence do any of us have that every 10 years our laws will get changed and we know nothing about it.

Did the process fail the people or was the failure a result of the process, which includes certain checks and balances or lack thereof? The Maine Supreme Court, via the constitution, is responsible for this undertaking. Were there all the necessary checks and balances done here to ensure no rewriting would take place.

The recoded laws, done by whom I am not sure, then went to the Joint Committee on Inland Fisheries and Wildlife. Did they read the entire revised statutes or give it a cursory nod that it must be alright? Was there a failure to perform according to the wishes of the people of Maine?

And then it went on to the Legislature in which there was no debate recorded. This should tell us nothing was read and obviously no questions asked. It all appears like a very easy and convenient way to make changes and rewrite existing laws for which most people will never be informed about until one day it might effect them personally.

While recodification may be a great idea and may help in the process of reading, understanding and applying laws, if laws are being rewritten, whether intentional or not, whether allowed by law or not, it can’t be. Something must change. This is a faulty process to say the least.

In my mind, I am left with three very important and unanswered questions:

1. Was it someone’s intent through recodification of the MDIFW statutes to actually alter the existing laws that govern snaring or was it ignorance, lack of proper skills and poor workmanship?

2. Was the omission of Maine Statute 10105 on the application for an Incidental Take Permit from USFWS an error, oversight or was it intentionally left off in order to deliberately deceive anyone reading the application?

3. And during the recodification process was it also intended to NOT make reference to Maine Statute 10105, subsection 3 when the recodification of Maine Statute 12252 was carried out?

Answers to these questions will never come about as there is no way to prove a person’s intent. I feel it is my duty and responsibility to share what I have learned and to ask questions that many of us will also be asking.

If, however, there is intent here somewhere to deliberately mislead the people of Maine through, 1). Using recodification as a tool to rewrite Maine’s laws, and/or 2). intentionally deceive the USFWS in order to achieve an ITP, then I shall have nothing to do with that. Other than exposing what I know, there is no way that I will become partner to any unethical, illegal or deceitful acts in order to obtain an objective that I feel is important.

I hope my efforts have helped some to come to better understand where we are as it pertains to snaring and trapping and its associations with Canada lynx.

Tom Remington

Laughably, in an email from the MDIFW, I received notice that the department has a new service where those interested can sign up to receive email alerts. In addition, you can be selective as to what kind of alerts you would like to have sent to your inbox. And these selections appear to be quite specific.

If you are interested go to THIS WEBSITE and register. Takes a matter of seconds.

Tom Remington

Smith gives no reason for the resignation but shares her affection for the job she is leaving and for those she has known during her tenure at MDIFW, albeit a short one.

I leave with sorrow as I absolutely love this job and working with all of you; but I also leave with much pride in the work we have accomplished together the past nine months.

At least from Smith’s letter, all indications are that she will be replaced as she expresses the hopes of a “smooth transition to whomever Chandler[commissioner] and Andrea[deputy commissioner] choose” to take her place. One has to wonder if that position will be refilled.

Several months ago, Maine sportsmen were told that Chandler Woodcock was undertaking a substantial restructuring of the Department. This was corroborated by the fact that a meeting had been scheduled between Woodcock and Governor Paul LePage to discuss the changes Woodcock was proposing. The mystery now appears to be what happened at the meeting and why haven’t we heard any of the plans for restructuring?

Perhaps the “Chan Dynasty”, as Commissioner Woodcock’s reign as head of the MDIFW was quickly coined, has decided to pick up where the previous commissioner, Roland “Danny” Martin left off, much in secrecy and releasing only information the Department saw fit.

I did hold out some hope for a better website, coupled with an increased level of communication but I now see that “flash in pan” being extinguished rapidly. As I said, I don’t seem to understand why I have to repeatedly ask to be reinstated on the MDIFW emailing list, but I’ve essentially given up trying. I can’t see any advantage to MDIFW deliberately keeping me off the list, so I’ve tossed that conspiracy theory aside……for now.

Where the hope came was in watching the information being placed on the MDIFW website. This included Maine’s Plan for Deer Management and pertaining to the efforts of a task force that was commissioned to look into why license sales in the state to non residents was drying up. There were twenty one (so far) separate entries made of information gathered by the task force, including comments received from sportsmen in and out of state, meeting agendas and meeting minutes.

However, after the first posting of the meeting minutes, I inquired of Ms. Smith why it was taking well over a month to get minutes posted. The answer was as expected, i.e. the bureaucratic red tape.

As delayed as it may have been, I reported on the information that was made available including the first two meetings. The last meeting was scheduled for November 20 and so far, no minutes have been posted. In addition, the Task Force was to report their findings and recommendations by the first of December. So far all we hear are crickets on any recommendations by the Task Force.

Can we now expect further delays in this because of Smith’s resignation? Or if some of the rumors are true that the restructuring by the Chan Dynasty will either eliminate this position or seriously cut back the Information and Education Departments resources, this could present more problems for sportsmen. At a time when sportsmen are demanding action, answers, more accountability, including improved communication, what might be in store for sportsmen could be troublesome. Sportsmen deserve better than this and they should be openly demanding of it.

I suppose only time will tell. I would like to say, which is a repeat of what I have said many times before, as long as the MDIFW will not, for whatever their reasons, do an effective job of communicating with the sportsmen who pay their salaries, division and distrust will run rampant.

The longer the mystery prevails as to what the “restructuring” will consist of, the longer anxiety builds and the perception of something being kept secret persist. The cure is quite simple really. If MDIFW expects to have the support of the sportsmen in their efforts to more effectively manage the fisheries and wildlife, then the sportsmen need to have the support of the MDIFW. That door should swing BOTH ways.

Tom Remington