Conservation groups and the State of Montana settle lawsuit on wolf trapping
By Benjamin Alva Polley EBS COLUMNIST
On Nov. 21, 2024, the Flathead-Lolo-Bitterroot Citizen Task Force and WildEarth Guardians settled a lawsuit with the State of Montana, resolving and dismissing Flathead-Lolo-Bitterroot Citizen Task Force et al. v. Montana. The two conservation groups challenged Montana’s wolf trapping regulations, which the groups said increased the chances that grizzly bears could be inadvertently captured and snared in wolf and coyote traps. The rules set by the Montana Fish and Wildlife Commission extended the wolf trapping season into an erroneous and arbitrary time when grizzlies have not yet entered their den for the winter, leading to grizzlies being injured in traps. Under the Endangered Species Act, this qualifies as illegal “takings” of federally protected species protected.
With this settlement, the Montana Fish and Wildlife Commission has altered the 2024-25 wolf trapping regulations to Jan. 1 through Feb. 15, when most grizzlies are in their winter dens. This trapping season primarily applies to the western two-thirds of Montana and aligns with Idaho’s wolf trapping season.
Montana’s previous wolf trapping regulations allowed trapping to begin on the first Monday after Thanksgiving, which was called the “floating season opener.” The lawsuit primarily asserted that grizzlies stay up longer and emerge earlier with the planet warming, and winter starts later. This led to controversy over grizzlies being inadvertently snared or injured. The settlement cancels the floating season opener in the state’s western portion, pushing the beginning of trapping season until Jan 1.
The freshly minted regulations require coyote and other non-game species within grizzly habitat to obtain a free permit. People trapping coyotes on private land to protect livestock must fill out declarations of intent with Montana Fish, Wildlife and Parks. This helps inform further surveys and stats on the number of traps being used and what species.
Suppose any grizzlies are caught in traps between Sept. 1 and Dec. 31. In that case, the Montana Fish and Wildlife Commission will place a size limit on trap size, hoping to reduce the possibility of capturing grizzlies. The new regulations encourage but don’t require fur trappers to check their traps by noon the following day after setting them, which should help to avoid catching grizzlies in traps. But if they are only encouraging and not enforcing it, does it matter? Will it prevent fewer grizzlies from being trapped or other animals from suffering longer than necessary?
The task force initially sent out their 60-day intent to sue on May 9, 2023. A federal district court granted the injunction in favor of the plaintiffs on Nov. 21, 2023. The State appealed the injunction to the Ninth Circuit Court of Appeals, which upheld it on April 23, 2024, except for the geographic scope. The federal district court then issued an order further defining the area. The case was headed to trial in the district court at the time of the settlement, which saved the people and the judicial system time and money by avoiding a trial.
Grizzlies already have a hard enough life, but dealing with traps meant for other species is just another pitfall; luckily, with wolf trapping season being pushed back, this could save some lives.
Benjamin Alva Polley is a place-based storyteller. His stories have been published in Audubon, Esquire, Field & Stream, The Guardian, Outside, Popular Science, Sierra, and other publications on his website. He holds a master’s in Environmental Science and Natural Resource Journalism from the University of Montana.
