Private Treaty February 2025
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Published 10:59 am Friday, February 7, 2025
A federal judge denied Idaho’s request that she reconsider her earlier ban on recreational wolf trapping and snaring when Endangered Species Act-protected grizzly bears are not in their dens.
Federal Magistrate Judge Candy W. Dale in March 2024 ruled that trapping and snaring wolves during the grizzlies’ non-denning period from March 1 to Nov. 30 threatens the bears. She ordered Idaho Fish and Game curtail its wolf snaring and trapping season in the state’s northern panhandle and Clearwater, Salmon and Upper Snake River regions.
Her initial decision “was always the correct one to protect grizzly bears from state-authorized wolf trapping and snaring, and we also appreciate the time she took to get it right a second time,” Ben Scrimshaw, senior associate attorney for Earthjustice’s Northern Rockies office, said in a news release. Securing the decision “is part of a bigger movement for true grizzly recovery.”
“The bait, traps and snares set for wolves also attract and catch grizzlies,” said KC York, president and founder of Trap Free Montana. Dale’s decision thus “was logical and understandable. We are really pleased she stood by it.”
Fish and Game in its reconsideration request said wolf trappers are required to report non-targeted animals when trapped, and Idaho has no record of any reported captures of grizzly bears incidental to otherwise lawful wolf trapping. The department argued that statements about unreported take are speculative and, per a 2018 case, speculation of unreported take does not support a finding of relative certainty of imminent harm.
Department officials also said the four regions to which the ruling applies “include areas far from any predictable appearance of grizzly bear” such as entire counties, so the injunctive relief granted is not narrowly tailored to redress reasonably certain and imminent harm to bears.
Idaho is rearguing the same issues and law already presented to and decided by the court, and is presenting new evidence that could have or should have been raised earlier, Dale said in her Feb. 4, 2025, ruling. The state thus does not show proper basis for reconsideration.
Moreover, the court in the original ruling relied on undisputed Idaho-submitted evidence that the state’s wolf trapping and snaring laws, seasons and rules will not prevent non-target capture of bears, she said
“Defendants’ mere disagreement with the court’s factual findings, the inferences drawn from them, and the ruling in this case presents neither highly unusual nor extraordinary circumstances warranting relief,” Dale wrote in the new memorandum decision and order.
An Idaho Fish and Game official said next steps aren’t determined.
Environmental groups sued Idaho in 2021 after the legislature substantially increased the allowed take of wolves and authorized additional methods of take.