Preliminary Injunction Sought to Stop Maryland Mute Swan Killing

WASHINGTON – Residents of Maryland's Eastern Shore and The Fund For Animals went to federal court today asking for a preliminary injunction to prevent the United States Fish and Wildlife Service (USFWS) from permitting Maryland to begin killing as many as 2,000 mute swans next month.  The move comes on the heels of a lawsuit filed last week challenging the USFWS's decision to lift federal protection for mute swans.

At issue in the case is a rider buried within the 2004 omnibus spending bill that the USFWS maintains stripped mute swans of all Migratory Bird Treaty Act (MBTA) protections.  Swan advocates have asked the federal district court in Washington, D.C. to  enjoin the USFWS policy of sanctioning the State's swan killing plan because the species is still protected by several international treaties for the protection of migratory birds, and because Congress made it clear that the rider was meant to be "consistent with the . . . treaties."  Two years ago, the same plaintiffs sought and obtained a preliminary injunction halting DNR's plans to kill hundreds of mute swans, and they are seeking essentially the same relief today.

"Once again the DNR is insisting on killing swans without any scientific evidence, and once again ordinary citizens of the Eastern Shore will ask a federal judge to stop this from happening," said Jonathan Lovvorn, vice president of animal protection litigation for The Humane Society of the United States. "Two years ago a federal court found that there was no scientific basis for the DNR's professed need to kill swans, yet swans are still being used as scapegoats for the real environmental polluters such as factory farms and sewage treatment plants."

The plaintiffs had hoped that the DNR would accept The HSUS's offer to develop a humane egg-addling program for mute swans, since such programs have successfully resolved conflicts over waterfowl populations in several states.  However, the DNR has refused to accept The HSUS's humane alternative, thus leaving swan advocates with the sad but necessary task of seeking injunctive relief.

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.