Coyote Trapping

Judge Dismisses Montana Trapping Case, Decision Applauded by Montana Farm Bureau

by Grace McDonald

A lawsuit filed in Montana challenging the state’s wolf and coyote trapping practices has been dismissed by U.S. District Judge Donald Molloy, a decision which has been applauded by the Montana Farm Bureau.

The lawsuit, brought by Flathead-Lolo-Bitterroot Citizen Task Force and Wild Earth Guardians, argued that the state’s current trapping regulations could harm grizzly bears. The defendants, the state of Montana, rejected the argument on the basis that trapping has not previously affected grizzly bears in a tangible way.

The Montana Farm Bureau, along with other livestock organizations, were defendant-intervenors in the case.

“Farm Bureau’s claims included that the scope of the area limiting trapping is overly broad and includes areas of Montana outside of grizzly bear habitat, and that the plaintiffs have no credible expert witness establishing the possibility of a ‘take’ caused by coyote trapping and snaring,” noted MFBF President Cyndi Johnson.

Judge Malloy dismissed the case because both parties agreed the rule is unnecessary due to the new Montana Fish, Wildlife and Parks trapping regulations.  While the new regulations include some of what the plaintiffs were looking for, they don’t go into effect until or if a grizzly bear is snared.  The regulations do require a free trapping permit. Those who are trapping for livestock protection inside of the geographic scope identified by federal court order must complete and sign a declaration identifying the producer’s name, that the producer has provided permission for trapping activities to occur on their private or leased property, and the county where such activities will occur.

An amendment by the Fish and Wildlife Commission to the regulations had added a change from affidavit requirement to a declaration that trappers will carry on their person. The declarations will certify that trappers are trapping predators on behalf of a named livestock producer. FWP will not house the declarations containing producer information. This amendment was made to address privacy concerns brought by agricultural groups including MFBF and the Montana Woolgrowers.

Farm Bureau points out that the rule will have an annual review allowing for the adaptation and removal of language as more information is collected.

“We are gratified that Judge Molloy dismissed the case,” said Johnson.  “Montana Farm Bureau has worked closely with the Montana Fish and Wildlife Commission to ensure that ranchers’ and landowners’ privacy will remain protected, and livestock producers can continue to control predators that may harm their cattle, sheep and other livestock.”

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Montana Farm Bureau Federation

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