November 18, 2024

Montana Fish and Wildlife Commission Finalizes Trapping Regulations Following Court Decision

Article Contact: Marie Neumiller,

Why It Matters: The Montana Fish and Wildlife Commission was directed by a recent decision out of the ninth circuit court of appeals to adjust wolf trapping seasons within the court-established geographic area. These changes are a result of the court finding that wolf trapping and snaring could pose a “reasonable risk” to ESA listed grizzly bears when they are not hibernating.

Highlights:

  • Prompted by a ninth circuit court of appeals decision, Montana Fish Wildlife and Parks (FWP) needed to adjust wolf trapping seasons and other regulations to comply with the court-established grizzly bear regions.
  • As a part of this process, a free supplemental trapping permit has been established for non-game and predator trapping to gain data on the volume of trapping activity taking place in grizzly bear regions.
  • The Congressional Sportsmen’s Foundation (CSF) works closely with legislators, fish and wildlife agencies, and partners to ensure that best management practices are utilized when setting trapping regulations.

On April 23, 2024, the ninth circuit court of appeals upheld a lower court’s decision impacting trapping seasons set by Montana Fish Wildlife and Parks. The courts declared that wolf trapping and snaring seasons could pose a “reasonable risk” to grizzly bears outside of hibernation.

To comply with the court’s decision, FWP initiated the rulemaking process to adjust wolf trapping seasons in the regions outlined by the court. The proposed rules were adopted at the Fish and Wildlife Commission meeting on November 12, 2024, for the 2024-2025 trapping season:

  • All individuals trapping non-game and predators for personal or livestock protection purposes, within the court-established region, will be required to obtain a free supplemental trapping permit.
  • Those trapping for livestock protection will need to carry a signed declaration certifying that they have permission from the producer to carry out their trapping activities.
  • Wolf trapping dates in the court-established region will run from January 1, 2025, through February 15, 2025.
  • Outside of that region wolf trapping season will be open longer, from December 2, 2024, through March 15, 2025.

Should an incidental trapping of a grizzly bear occur, emergency rules would be put into effect within 48 hours after FWP is notified of that capture. Applying only to the court-established region, the emergency rules would require that:

  • All foothold traps have a jaw spread less than or equal to 5 ½ inches.
  • The use of snares would not be allowed unless they met all the following special criteria
    • The snare is equipped with a breakaway lock device designed to release when more than 350 pounds of force is applied.
    • The snare is fastened to an immovable object that is solidly secured to the ground.
    • The top loop of the snare is not more than 26 inches above the ground.

The Association of Fish and Wildlife Agencies has conducted extensive research on trapping in an effort to develop Best Management Practices (BMPS). Released in 1996 and updated regularly, the BMPs incorporated trapping methods for many fur-bearing species by field testing trap designs for each species. Eliminating traps that did not adhere to humane trap standards for the target species. The Congressional Sportsmen’s Foundation works closely with legislators, fish and wildlife commissions, and partner organizations to ensure that the BMPs are taken into consideration during any rule making process. These decisions are best kept at the state Fish and Wildlife agency level utilizing the advice of trained biologists intimately familiar with the Best Management Practices and species in that ecosystem.

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