Misadventure in Montana

 -Pete Minard

I’d been hunting in eastern Montana for a couple of weeks when we stopped in to hunt a Block Management Area (BMA) near Culbertson, MT.  We’d hunted there before and usually got into a few sharptails.  After hunting one area of the BMA we had circled back

to the truck and were taking a break and planning our next strategy.  The yowling of my german shorthair, Tucker, brought me running.  He was caught in a No 3 coyote trap.  I quickly released him and checked him over.  No real damage done, just a little soreness.  But I was furious.  Why was there a trap set in a BMA?  This was an area that I and other sportsmen are “invited” to hunt by the State.  The landowner receives payment from the State for people hunting the BMA.  I assumed the trapper had no business trapping there so I took the trap Tucker had been caught in as well as another that was set nearby.  I left my name and phone number and asked the trapper to call me and we could talk about this.  When I got to my friend’s home in Ringling, MT two days later I phoned the area manager, Jim Saterfield, and explained what had happened.  He was surprised that there were traps in the BMA.  I was then called by the local Game Warden, Derek Fagone.  He explained that there were no regulations against trapping in a BMA and no requirement to post a notice to warn hunters that the BMA was being trapped.  When I got home a few days later the trapper had called.  I called him back and told him that I had since found out he was perfectly legal trapping the BMA and that my beef was with the State not him. I apologized to him for taking his trap.  He said he felt bad about my dog getting caught and was pleased the dog wasn’t injured.  I asked him if there were regulations regarding the size or type of traps he could use.  He said no and that he could even set snares.  He purposely uses cut-out-jaw traps which certainly helped Tucker avoid injury and that at times he does voluntarily post signs warning that traps are in the area.  I thanked him for the information, got his address and returned his traps.  I then wrote a letter to Jim Saterfield and Alan Charles, the person in Helena in charge of the BMA program, setting out what had happened.  I requested that regulatory changes be considered to, at best, ban trapping in BMA’s during hunting season or at least require that a notice be posted at the BMA sign in box warning hunters if traps are set in the area.  Hunters could then choose to risk their dogs getting caught in a trap or go to another BMA.  A month later the response I got was a call from Warden Fagone to verify my mailing address as he was sending me a citation for disturbing/removing a trap.  He was vigorous in pointing out the land owner’s and trapper’s rights to trap but felt a hunter, indirectly paying a land owner in a State sponsored program, had no rights.  The appearance bond was $235 with a potential fine of $1,000 for the citation.  I was shocked at this action given the sequence of events and the fact that the only way they knew I had taken the trap was that I’d called and told them and had, on my own, returned the traps.

            I contacted the county prosecutor and after I explained what had happened he had the case dismissed.  I did finally get a response from Alan Charles to my that essentially said “thank you for your input” but don’t expect any changes.  I still contend that it would be very easy to have a notice placed at the BMA sign in boxes warning of trapping activity.  I accept the risks associated with hunting, both to myself and my dogs.  There are rattlers, porcupines, barbed wire and other hazards.  But I feel it reasonable to have an expectation that a BMA does not have traps waiting for my dogs.  The BMA program isn’t “free” as Mr. Charles letter stated.  I pay a very healthy non-resident hunting license fee to hunt Montana and that includes an assessment for the BMA program.  I don’t think that it would be unreasonable to have a trapper or the land owner place a pre-printed notice at the BMA sign in boxes warning hunters if there is active trapping in the area.  The trapper involved in this thought that would not be a problem when I asked him about the idea. 

I’ll continue to hunt Montana mostly because my brother and a very good friend live there.  I am not against trapping, I’ve trapped myself.  The BMA program is excellent and gives us access to a lot of good land but we should know if it is being trapped.  If you hunt Montana and feel the same way write Alan Charles (Montana FWP; PO Box 200701; Helena, MT  59602-0701).  Maybe if they here from enough of us they’ll change the rules.

The hunting has been great this year, especially right here at home in Idaho.  Hope it has been a good year for all of you as well.  But darn, only a few more days ‘til its over then the long wait for September.

Happy Huntin’

     -Pete

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