WASHINGTON – The Fund for Animals and several residents of Maryland's Eastern Shore filed a lawsuit today against the United States Fish and Wildlife Service's (USFWS) decision to lift federal protection for mute swans, which has directly led to the planned killing of Chesapeake Bay mute swans by Maryland's Department of Natural Resources (DNR). In 2003, a federal court issued a preliminary injunction halting DNR's plans to kill mute swans based on violations of the Migratory Bird Treaty Act and several international migratory bird treaties.
Subsequently, in December 2004, in an effort to circumvent the court ruling, Congress passed a rider buried within a 3,600 page omnibus spending bill—without any public hearing or discussion—which the USFWS now claims stripped mute swans of all Migratory Bird Treaty Act (MBTA) protections. However, because the species is still protected by several international treaties for the protection of migratory birds, and Congress made it clear that the rider was meant to be "consistent with the . . . treaties," mute swans remain protected.
Maryland officials quickly announced their decision to kill up to one thousand mute swans this spring. Despite the lack of any scientific evidence showing that mute swans are causing serious injury to Chesapeake Bay, The Humane Society of the United States (HSUS) has offered to help the DNR humanely reduce the mute swan population through an egg-addling program, in lieu of the state's proposed wholesale slaughter.
"Maryland's mute swans are once again being used as scapegoats, when the real threats to the Chesapeake Bay are waste runoff from factory farms and sewage treatment plants," said Michael Markarian, president of The Fund for Animals and executive vice president of The HSUS. "Because Maryland officials have refused to base their decisions on sound science and have even refused to consider more humane approaches, we have no choice but to begin the sad but necessary process of seeking relief in the courts."
For more than a decade The HSUS has been involved in egg-addling efforts which have successfully and humanely resolved conflicts over waterfowl population sizes in several states. Although the DNR has previously acknowledged that addling the eggs of mute swans may slow or reduce Maryland's mute swan population, the DNR now refuses to adopt this approach.
"Our offers to assist the DNR have consistently fallen on the deaf ears of an agency committed to killing animals even when a viable and humane alternative is available," said Dr. John W. Grandy, a waterfowl biologist and the senior vice president of wildlife and habitat protection for The HSUS. "In many states, including Michigan, Washington and Maryland, The HSUS has successfully helped reduce waterfowl populations by egg-addling. The programs work, they are far more humane than killing swans and they can bring all sides together in addressing issues such as the one before us, rather than having us meet in the courtroom."
The Humane Society of the United States represents nearly nine million members and constituents. The non-profit organization is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animals and sustainable agriculture. The HSUS protects all animals through litigation, investigation, education, legislation, advocacy and fieldwork. The HSUS and The Fund for Animals joined forces and combined their operations in January 2005. The group is based in Washington and has numerous field representatives across the country. On the web at www.hsus.org.
