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ANIMAL WELFARE INSTITUTE v. MARTIN

No. 09-2643.

623 F.3d 19 (2010)

ANIMAL WELFARE INSTITUTE and Wildlife Institute of Maine, Plaintiffs, Appellants, v. Roland D. MARTIN, Commissioner of Maine Department of Inland Fisheries and Wildlife, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 20, 2010.

Attorney(s) appearing for the Case

Eric R. Glitzenstein , with whom William S. Eubanks II was on brief, for appellants.

Christopher C. Taub , Assistant Attorney General, with whom Janet T. Mills , Attorney General, Paul Stern , Deputy Attorney General, and Nancy Macirowski , Assistant Attorney General, were on brief for appellee Roland D. Martin, Maine Department of Inland Fisheries and Wildlife Commissioner.

James H. Lister , for appellees Maine Trappers Association, U.S. Sportsmen's Alliance Foundation, Fur Takers of America, Dana Johnson, Sr., Donald Dudley, and Carl Guay.

Gary R. Leistico , on brief for appellee National Trappers Association.

Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

This is a case about the Canada lynx. The Endangered Species Act makes it unlawful to "take" a member of an endangered species. 16 U.S.C. § 1538(a)(1)(B). By regulation, it is also unlawful to "take" a "threatened" species, that is, one likely to become endangered in the foreseeable future. 16 U.S.C. § 1532(20); 50 C.F.R. § 17.31(a). The term "take" means to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect...

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