Initiative aims to ban trapping on public lands

In a state that prides itself on a culture of rugged individualism and land access, a ballot initiative to prohibit trapping on public land in Montana has ignited impassioned arguments from both sides.

Montana voters this November will decide whether to support Initiative 177, which would enact a law banning trapping — with a few exceptions — on public lands in the state. It would not apply on the roughly two thirds of land in Montana which is privately owned.

Sponsored by Montanans for Trap Free Public Lands, the proposed law carves out exceptions for public employees protecting health and safety, protecting livestock and conducting scientific studies.

The state estimates the law would result in a loss of more than $61,000 in annual trapping licenses, and Montana Fish, Wildlife and Parks would be required to hire additional full-time employees to monitor wolf populations in the absence of licensed trappers.

CHRIS JUSTICE, a volunteer for the ballot committee behind the initiative and the executive director of the closely aligned nonprofit Footloose Montana, said the proposal is in part a response to incidents in which non-target animals, including dogs and cats, have been injured by traps concealed on publicly accessible land.

“Trapping is not like hunting and fishing. It’s not like fair chase. It has a much broader and more indiscriminate impact on wildlife,” Justice said. “It threatens protected species, it threatens endangered species, it threatens pets, it threatens recreators, it reduces the population of animals that are good for our watersheds and it throws the predator-prey balance off.”

Incidental trapping of non-target species, Justice said, can result in injury or death of animals whose populations in Montana are particularly at risk, such as lynx, wolverines and fishers.

And, he added, “If you set a trap and you catch what you’re intending to catch, that can be negative because there are a lot of fur-bearing species in the state of Montana that we don’t know the extent of their populations.”

Detractors of trapping cite the danger posed to pets, and have circulated images of dogs and cats permanently injured after wandering into a trap.

According to data from Montana Fish, Wildlife and Parks, no cats were reported injured by traps last year, but 14 dogs were accidentally ensnared during the 2015-16 trapping season. Of those, one was killed.

Regulations to avoid incidental trapping of pets include requirements for the traps themselves and setbacks from trailheads on public lands, but the wildlife agency’s report found that eight of the dog-trapping incidents were the result of illegal trap-sets. In the case of the dog that died, the trap was in violation of three different regulations.

MONTANA TRAPPERS Association President Toby Walrath, however, pointed out that in the majority of cases (14 out of 14 last season), the dogs were being allowed to run off the leash.

“If a dog owner does not take responsibility for a dog, it doesn’t matter what regulations you have in place, it’s still a nuisance,” he said, adding that his organization sponsors “trapper education” classes each year to teach trappers about state regulations and how to avoid trapping the wrong animal.

Walrath said he has also worked with other organizations to designate “trap-free” areas where recreational use is particularly high, but believes shutting a user group out OF all public lands runs contrary to Montanan values.

“I think it’s important for the people in Montana to realize that trapping is one activity of many that Montanans enjoy, that is done by a diverse group of people,” he said. “We’re not a bunch of knuckle-dragging Neanderthals ... That’s what it feels like we’re being called.”

He also noted that trapped animals are used by wildlife biologists to assess population data, and trappers often provide DNA and other samples from their harvest to Montana Fish, Wildlife and Parks.

Opponents of Initiative 177 also say the characterization of “indiscriminate” trapping practices falls short of reality.

Don Bothwell of Kalispell took up trapping about 17 years ago and has emerged as a leading voice in the local trapping community, although he recently left his position as a board member of Montana Fur Harvesters.

“People have the mistake and the illusion that guys go out and set a bunch of traps and throw them out like Frisbees, and animals just stumble and fall into them,” he said. “Trapping makes you a better outdoorsman because you learn to see the world in much greater detail.”

Bothwell also sees a disconnect between public perceptions and the reality of the traps themselves.

“People see the stereotypical, cartoon-esque jaws and such, that’s not the case,” he said. “It’s a flat, metal jaw that holds by pressure and friction. ... A fur trapper is not trying to cause suffering or broken limbs to an animal, because the trapper is trying to harvest the fur.”

Price disagrees, however, and cited a lawsuit filed by multiple conservation groups alleging that Montana’s regulations had failed to adequately protect Canadian lynx, a federally protected species, from incidental trapping. The two sides reached a settlement last year that required the state to limit the size and placement of traps in designated areas.

“I think, unfortunately, we’re to a point where trapping is not sustainable, and there’s nothing we can do to make trapping more discriminate,” Price said. “It’s sort of been a culture of ignoring the non-consumptive wildlife user for a long time, and I just don’t think that changing the basic regulations would fix the fundamental issues of trapping.”

WHILE IT impacts a fairly narrow subset of public-land users, Initiative 177 has brought in significant campaign cash.

Since the anti-trapping ballot committee formed in July 2015, Trap-Free Public Lands has received $147,823 in donations through Oct. 19, according to its most recent campaign finance report.

In just over two months, Montanans for Wildlife & Public Access had amassed $137,863 in donations, but as of Friday had not yet filed its financial disclosure for the Sept. 26 to Oct. 19 reporting period. Its most recent report claimed it had $102,016 in the bank, compared with $22,804 for the anti-trapping group.

The only statewide poll published on Initiative 177 also portrayed an uphill battle for the initiative’s backers. A survey published last week by Lee Montana Newspapers found 63 percent of respondents were opposed to the initiative, compared with 24 in support, according to the Billings Gazette. Thirteen percent were undecided.

But even if the Trap Free group is able to close the gap before Election Day, whether the initiative would survive a challenge to its constitutionality is an open question.

On its website, Montanans for Wildlife and Public Land Access posits that the law would run afoul of Article IX, Section 7 of the Montana Constitution, which states that “the opportunity to harvest wild fish and wild game animals is a heritage that shall forever be preserved to the individual citizens of the state.”

Walrath said his organization “would absolutely challenge” the initiative in court if it passes.

Stacey Gordon, an associate professor at the University of Montana’s law school, said the law isn’t precise on how strong residents’ rights to trap are. While “fundamental rights,” like freedom of religion and expression, receive the highest levels of protection from the courts, state statute doesn’t clearly spell out whether trapping falls within that category, she said.

The passage of House Bill 212 during the last legislative session could potentially strengthen the trapping advocates’ arguments. The measure amended the state’s definition of “harvest” to include trapping, although a separate measure to include fur-bearers within the definition of “game animals” was vetoed by Gov. Steve Bullock.

“Based on what happened in the last legislative session, it’s going to have to be a court that decides,” Gordon said.

To view proposed bill language in Initiative 177, visit http://sos.mt.gov/elections/2016/BallotIssues/assets/I-177.pdf.

Reporter Sam Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com.