A federal judge has directed Montana Fish, Wildlife and Parks (FWP) to cut much of Montana’s wolf trapping season in half due to evidence that traps and snares set for wolves unintentionally capture grizzly bears, which are federally protected under the Endangered Species Act (ESA).
In a 25-page order, U.S. District Court Judge Donald Molloy wrote that the Flathead-Lolo-Bitterroot Citizen Task Force and WildEarth Guardians established “a reasonably certain threat of imminent harm to grizzly bears should Montana’s wolf trapping and snaring seasons proceed as planned.”
Molloy directed the state to scrap its current season plans for most of the state in favor of more conservative start and end dates. The state’s Fish and Wildlife Commission in 2021 adopted a floating start date to provide some assurance that grizzly bears would be in their dens before traps and snares are set inside occupied grizzly bear habitat.
Molloy heard oral arguments on the conservation groups’ preliminary injunction request on Nov. 20. The plaintiffs filed the lawsuit against the state of Montana, Gov. Greg Gianforte (R) and Montana Fish and Wildlife Commission Chair Lesley Robinson on Sept. 22.
FWP has recorded more than 20 instances of grizzlies being caught in traps set for other animals since 1988, and an expert for the plaintiffs has documented “numerous other examples” of such incidents, according to Molloy’s order.
Grizzly bear biologists have demonstrated an increase in the number of bears exhibiting “trap-like injuries” since wolf trapping was legalized, the plaintiffs asserted. Grizzly bear biologists noted that in 2021 alone, four different bears were missing body parts, including forelegs and toes, likely due to trapping. Other injuries that can arise from capture in traps and snares include limb fractures and dislocations, as well as tooth and gum damage.
“Each of these untoward events would violate (Section 9) of the ESA,” Molloy wrote, adding that “trapping or capturing an endangered species is an unlawful ‘take’ even if the action does not cause injury or mortality.”
Defendants countered that FWP’s floating start date in grizzly-occupied areas has reduced the likelihood of unintentional grizzly bear capture and injury. They also highlighted other protective measures the Fish and Wildlife Commission has adopted such as restrictions on snaring in lynx protection zones and requirements that trappers use breakaway devices on snares and check their traps every 48 hours.
The state argued that there have been no incidences of a bear caught in a public (i.e., non-research) wolf trap in a decade.
“While Defendants may be correct that there have been no confirmed reports of grizzly bears caught in recreational wolf traps in Montana since 2013, the precise harm at issue in this case has been well-documented in Montana and adjacent states and provinces that share the home ranges of Montana’s grizzly bear populations,” Molloy wrote.
“The Montana Fish and Wildlife Commission remains a clear and present danger to Montana’s carnivores and predators and we look forward to reining them in.”
The plaintiffs had also argued that evidence suggests grizzlies are likely to be out of their dens through more of the winter and that trend will only increase as climate change brings warmer winter temperatures to the region.
In an emailed press release cheering the order, the plaintiffs expressed optimism that they’ll prevail on the larger issues in the lawsuit as the case proceeds.
“We are pleased with this order and remain confident we will prevail on the larger merits of the case,” Patty Ames of the Flathead-Lolo-Bitterroot Citizen Task Force said. “The Montana Fish and Wildlife Commission remains a clear and present danger to Montana’s carnivores and predators, and we look forward to reining them in.”
In a Facebook post, Gianforte argued that Molloy’s “sweeping order tramples the rights of trappers.”
“Montana has a healthy, sustainable population of wolves and grizzlies, and there has been no incidental takes of grizzlies from wolf trapping in Montana since 2013. And yet misusing ESA protections for the grizzly to thwart the state’s wolf management plan, the activist judge has obstructed the state from responsibly managing wolves based on the sound science of FWP biologists.”
Molloy’s order narrows the 2023-24 season start and end dates while the lawsuit proceeds. Per his order, wolf trapping and snaring cannot begin until Jan. 1, 2024, and will end on Feb. 15 in FWP’s five westernmost regions. It also applies to Hill, Blaine and Phillips counties.
In areas in and near occupied grizzly habitat, the state had been set to open trapping season sometime between Nov. 27 and Dec. 31 and close it on March 15. The state said it will appeal the order.— Amanda Eggert, Montana Free Press
