Judge blocks state's wolverine trapping season

A state judge’s order last week blocked the opening of Montana’s wolverine trapping season until at least early next year. The season was set to open Dec. 1.

On Nov. 30 Helena District Court Judge Jeffrey Sherlock granted a temporary restraining order against the Montana Department of Fish, Wildlife and Parks and scheduled a follow-up hearing for Jan. 10.

“Balancing the loss of a ‘recreational harvest opportunity’ against the possible damage to a potentially endangered species, the court finds equity lies in favor of issuing a temporary restraining order,” Sherlock said.

An eight-group coalition represented by the Western Environmental Law Center had requested the restraining order. The coalition wants to ban wolverine trapping until the U.S. Fish and Wildlife Service determines if wolverines will be placed on the federal threatened and endangered species list.

FWS in 2010 determined that threats to wolverines included climate change but declined to list them as an endangered or threatened species due to higher priorities. FWS suggested that the wolverine population is stable or expanding, and that between 250-300 wolverines inhabit the northern Rocky Mountains.

FWP wildlife bureau chief Ken McDonald said the state’s quota of five wolverines is based on sound wildlife management science and doesn’t put the state’s wolverine population at risk.

“Our management is conservative, sustainable and reasonable,” he said.

McDonald said FWP will immediately begin to examine the restraining order and consider legal options, but for now trappers are prohibited from pursuing wolverines in Montana.

Matthew Bishop, an attorney with the Western Environmental Law Center, called Sherlock’s action an important step toward preventing the extinction of wolverines in the Lower 48.

“The state shouldn’t be kicking wolverines while they’re down,” he said.

Bishop puts the state’s wolverine population at 100 to 175, with no more than 35 individuals capable of producing offspring. He also noted that Montana is the only state in the Lower 48 that still allows wolverine trapping.

For more information, visit online at www.fwp.mt.gov or www.westernlaw.org/sites/default/files/TRO.Order_.Granting.11.30.12.pdf