There is a bill, House Bill 372, in the current legislative session that seeks to sneak trapping into the state constitution by amendment. Deceptively called “Establish the Right to Hunt”, it slips in language that enshrines trapping as a heritage right for all Montana citizens. Furthermore, it specifies that “the state shall give preference to hunting, fishing, and trapping by citizens as the primary but not exclusive means of the state’s management of wild fish and wildlife populations for the benefit of all Montanans.”
This is a Trojan horse with multiple heads. First, the opportunity to harvest wild game and fish is already protected in our constitution from the 2004 ballot that passed (MCA 87-1-107). The bill sponsors are just trying to add trapping, hoping the smoke and mirrors of the misnomered bill title will gaslight the public. More importantly, the true intent of the bill is to elevate these sportsmen pursuits as rights. Second, this is setting a damaging precedent that effectively allows citizens with special interests to codify their pursuits into state law. It will undermine Fish, Wildlife and Parks’ authority to manage wildlife using scientific data by trained biologists and instead defer management actions to citizens. Third, by deferring these actions to citizen harvest, the state is opening itself up to litigation in disputes over a “constitutionally protected” right. Finally, the wolf in sheep’s clothing at work here is the National Rifle Association. The NRA is actively pushing this identical legislative language to urge states to adopt constitutional amendments that protect the right to hunt, fish, and trap.
Since 1777, Vermont was the only state in the union that protected the right to hunt in its constitution. Over two hundred years later, the NRA began their campaign in Alabama and have, to date, successfully been able to adopt these rights into the constitutions of 23 states. Currently, the 2023 legislatures of Oregon, Iowa, and Montana have bills drafted to adopt the same rights. Arizona has been the only state to reject it. Once again, politicians motivated by fear-mongering and control, who are beholden to campaign donors and national groups representing the special interests of outfitters, gun rights, and trophy hunting organizations, are abusing the state constitution.
The foundational document serves as a philosophical framework as to how a body shall be governed. It’s not a software program that needs a version update every year at the whim of some citizens who decide the rights bestowed aren’t broad enough to cover their favored activities. A solution in search of a problem. Ultimately, this is a pre-emptive strike that would preclude any attempt to challenge these provisions in the future. It’s a convenient irony that the NRA, Sportsmen’s Alliance, Sportsmen for Fish and Wildlife, Boone and Crockett Club, and others will fiercely protect their precious Second Amendment right but they suddenly get flexible when tweaking state constitutions.
This attempt to enshrine trapping into our state constitution will cripple FWPs management authority because rights are legal entitlements and as such, are non-negotiable. FWP will inevitably lose control of managing wildlife and it will end up in the reckless hands of those who claim it’s their constitutionally protected right.
In my opinion, these heritage activities are privileges, not rights. Just because you, your daddy, and your grandpappy have trapped for generations, that does not establish the activity as a right. Free speech and access to clean air and water are rights. Driving, as well as all sportsmen pursuits, are privileges that require licensing. If wildlife is held in the public trust, as the doctrine in the North American Model of Wildlife Conservation suggests, then why does your right to shoot a mountain lion supersede my privilege to shoot it with a camera?
Of course, this is all coming down from the top. Sen. Daines is leading the effort in Washington DC to delist grizzlies. He was instrumental in putting Martha Williams, former head of Montana FWP, as the top official at USFWS. Now Daines is calling in the favor, leaning on Ms. Williams to delist grizzlies. Gov. Gianforte is a trapper and a poacher who has been issued multiple citations for wildlife crimes. Just as the English monarchy controlled hunting of the King’s deer by proclamation, our governor treats Montana like it’s his own private game park. Gianforte, along with his donors and trapping buddies, kill whatever they please and don’t give six pence what the rest of us peasants think. All of us commoners know by now if you’ve been following his attempts to privatize game in Montana that most of the trophy bull elk tags are now conveniently shifted into the hands of large landowners. The end of the game is approaching.
Please contact your legislators and urge them to vote down this unnecessary bill.
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