by Amy Greer, Corvallis
Trapping is NOT a constitutional right! That bill went down for the second time in the 2023 legislative session. It is not legal to harvest wild fish and wildlife game with traps. The other problem with HB 372 was that it named activities—fishing, hunting, trapping—as having constitutional rights. This means that these activities are above the law, making poaching a constitutional right any time of day or year. That is why the constitutional amendment that passed in 2004 states “the opportunity to harvest wild fish and wild game.” Traps do not harvest game or fish. I’d like to add that trapping was excluded in this amendment on purpose because trapping is indiscriminate and not fair chase; it would sink the amendment.
Snowmobile ‘Patriots’ already said they would go for a constitutional right if HB 372 passed. If all kinds of activities were rights, it would hamstring the constitution and fill the courts forever. Rights would battle each other in court and the constitution would become useless. Of note, out-of-state hunters, trappers, and anglers would have the same constitutional rights in the state—even though they do not pay Montana taxes. They would be free to take the biggest and best trophies and it would be a huge ripoff of our wildlife.