Climate change a factor in trimming of wolf season

U.S. District Court Judge Donald Molloy Nov. 21 issued a preliminary junction that significantly shortens Montana’s wolf trapping season by several weeks. Climate change played a role in his decision.

The wolf trapping season under state law was set to begin as early as Monday (Nov. 27), but two environmental groups, the Flathead-Lolo-Bitterroot Task Force and Wildearth Guardians sued the state of Montana in federal court, claiming the regulations could result in grizzly bears being caught in wolf traps.

Molloy agreed with the groups and set the trapping season dates from Jan. 1, 2024 to Feb. 15, 2024, a time period when most grizzlies would be assured to be in their dens. The ruling applies to wolf trapping regions one through five, plus Hill, Blaine, and Phillips counties.

The season was originally set to run until March 15, 2024 statewide and included the use of leghold traps and snares in areas outside of lynx zones.

The state argued that the opening wolf trapping date was “floating” and used radio-collared grizzly bear data to determine when most bears were in their dens.

But Molloy found the groups made compelling argument against wolf trapping even with the data.

“(FWP) has recorded more than 20 instances of grizzly bears being caught in a trap set for other species since 1988 and plaintiffs witness affidavits establish numerous other examples of incidences in Montana and across the region where grizzly bears were accidentally captured and injured by baited traps set for other animals, including wolves and coyotes,” he found.

In addition, bears are simply awake and outside their dens longer. The plaintiffs argued that about 40% of bears are outside of dens either after Nov. 27 or before March 15, according to studies.

“Grizzly bears are moving into areas of Western and Central Montana and are more active outside of their dens during the shoulder season due to climate change,” Molloy noted, citing evidence in the case. “Therefore it is reasonably certain that more grizzly bears in Montana will be out and about during the time period and in the locations that wolf trapping is permitted under Montana’s 2023 regulations.”

Molloy also found the “floating” start date for the wolf trapping season was potentially flawed due to the small sample size of bears.

Grizzly bears are listed as threatened under the Endangered Species Act, which expressly prohibits the trapping of bears, even if it’s unintentional.

“Trapping or capturing an endangered species is an unlawful ‘take’ even if the action does not cause injury or mortality,” Molloy noted.

In 2021 alone, Montana bear biologists noted four different bears with missing body parts, including forelegs and toes likely due to trapping, Molloy noted, according to evidence presented during the case.

Gov. Greg Gianforte blasted Molloy’s ruling. Gianforte has previously trapped wolves himself.

“Just ahead of Thanksgiving and the start of wolf trapping season, the judge’s sweeping order tramples the rights of trappers while a few environmental extremists abuse the ESA and ride the gravy train of judicial activism,” Gianforte said in a statement. “Montana has a healthy, sustainable population of wolves and grizzlies, and there has been no incidental take 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. The state has appealed this textbook case of judicial activism, and urges the federal government to review and approve the state’s petition to delist the grizzly which has recovered in Montana’s ecosystems.”

The injunction applies to just the upcoming trapping season until the entire case can be ruled upon. Gianforte has argued in the past that grizzly bears should be delisted from the Endangered Species Act and the state is prepared to manage bears. State plans would also allow for grizzly bear hunting.

The plaintiffs were pleased with Molloy’s findings.

“We are pleased with this order and remain confident we will prevail on the larger merits of the case,” said Patty Ames, President of the Flathead-Lolo-Bitterroot Citizen Task Force. “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.”