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Sustainable
eNews |
October 2002 |
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IWMC
World Conservation Trust |
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Trappers win
"Big" in Court Case
Stephen
Boynton
Legal Council
National Trappers Association
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In
1998 the voters in California passed a ballot initiative banning the use of
the leg-hold and body gripping traps. The National Trappers Association (NTA),
the California Trappers Association (CTA) and several individual
trappers joined the National Audubon Society, the California
Waterfowl Association and others in a federal action challenging a
portion of the law on the grounds that the federal Endangered Species Act,
the National Wildlife Refuge System Improvement Act and the Migratory Bird
Treaty Act preempted the state law since such traps must be used to control
nonnative fox populations that predated on seven (7) endangered birds. In
addition, the NTA, CTA and individual trappers challenged the entire ballot
provision under the ESA as well as the Animal Damage Control Act.
The Humane Society of the United States (HSUS), the International
Fund for Animal Welfare, the Animal Protection Institute and
other animal rights groups intervened in the action to oppose the position
of the plaintiffs. In addition, these groups challenged the standing of the
trappers in the case.
The court ruled that federal agencies, employees and its designees could
continue to use such traps anywhere endangered species are threatened. All
parties appealed to the 9th Circuit Court of Appeals.
The appellate court upheld the lower court ruling as to the ESA and the
NWRSIA preempting a portion of the ballot initiative as it relates to
federal agencies, federal lands and its designees.
As to the claims of the trappers, the appellate court found that the
trappers had standing in the case. Although the court rejected the position
of the trappers that the entire ballot measure should be overturned on the
ground that it was an impermissible burden on interstate commerce, the
court specifically found that there is no restriction on Californians
obtaining and selling furs taken legally in leg hold or body gripping traps
outside California. Further, the court remanded to the lower court for
further review the trappers’ claims that the Endangered Species Act as
well as the Animal Damage Control Act preempts the entire ballot provision.
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