Montana Animal Trap Restrictions Initiative, I-177 (2016)

Montana I-177
Election date November 8, 2016
Topic Trapping
Status d Defeated
Type State statute	Origin Citizens

2016 measures
November 8
CI-116 a
I-177 d
I-181 d
I-182 a
Polls
Voter guides
Campaign finance
Signature costs

The Montana Animal Trap Restrictions Initiative, also known as I-177, was on the November 8, 2016, ballot in Montana as an initiated state statute. It was defeated.

A "yes" vote was a vote in favor of prohibiting individuals from using animal traps and snares on state public lands.

A "no" vote was a vote against prohibiting individuals from using animal traps and snares on state public lands.

Initiative 177 would not have impacted trapping on private land. The measure would have had special exceptions for the Montana Department of Fish, Wildlife, and Parks and would have established misdemeanor penalties for violating the law.

Election results

I-177
Result		Votes	Percentage
d No		312,455	62.7%
Yes		185,908	37.3%

Election results from Montana Secretary of State

Overview

Status of trapping in Montana

In 2010 and 2014, initiatives regulating trapping were proposed. Neither, however, collected enough signatures to make the ballot. Both would have prohibited trapping of mammals and birds on public lands. Montanans passed a constitutional amendment, Amendment 41, in 2004, which established a constitutional right to harvest wildlife. In 2013, about 5,834 trapping licenses were sold and 53,029 fur-bearing animals were trapped and harvested in the state.

Initiative design

Exemptions to the prohibition of trapping on public land would have been available for capturing animals for treatment or relocation, dealing with animals damaging irrigation systems, and dealing with specific animals causing repeated problems to persons, property, or livestock and for which alternative methods would not have worked.

The initiative would have established penalties for non-exempt individuals that trapped wildlife on public land. An individual's first violation would have been punishable by a fine between $100 and $1,000 or not more than six months in a county jail. An individual's second violation would have been punishable by a $100 to $2,000 fine or not more than six months in jail. An individual's third violation would have been punishable by a $100 to $5,000 fine or not more than six months in jail. Additionally, a person convicted of violating the law would have forfeited any hunting, fishing, or trapping licenses and lost the privilege to fish, hunt, or trap in the state for 24 months.

State of the ballot measure campaigns

Montanans for Trap-Free Public Lands, the campaign in support of Initiative 177, raised $154,538. Opponents, organized as Montanans for Wildlife & Public Land Access and Montanans for Effective Wildlife Management, received $329,474. The largest donation to the “Yes” campaign was from Cindy McIlveen, and the largest donation to the “No” campaign was from the Montana Trappers Association.

Text of measure

Ballot text

The proposed text of the ballot was as follows:

“

I-177 generally prohibits the use of traps and snares for animals on any public lands within Montana and establishes misdemeanor criminal penalties for violations of the trapping prohibitions. I-177 allows the Montana Department of Fish, Wildlife, and Parks to use certain traps on public land when necessary if nonlethal methods have been tried and found ineffective. I-177 allows trapping by public employees and their agents to protect public health and safety, protect livestock and property, or conduct specified scientific and wildlife management activities. I-177, if passed by the electorate, will become effective immediately. I-177 reduces approximately $61,380 of state funds annually, resulting from a loss of trapping license revenue. In addition, the state will incur other costs associated with monitoring wolf populations and hiring additional full-time employees at the Department of Fish, Wildlife, and Parks. [ ] YES on Initiative I-177 [ ] NO on Initiative I-177

”

Full text

The full text of the measure can be found here.

Support

Montanans for Trap-Free Public Lands led the campaign in support of Initiative 177.

Supporters

Officials

• Former Montana Supreme Court Justice William Leaphart

Organizations

• Alliance for the Wild Rockies
• The Association for the Protection of Fur-Bearing Animals
• Center for Biological Diversity
• Endangered Species Coalition
• Footloose Montana
• International Wildlife Film Festival
• Sierra Club, Montana Chapter
• Western Environmental Law Center
• Western Watersheds Project
• Wyoming Wildlife Advocates
• Wyoming Untrapped

Arguments

Montanans for Trap-Free Public Lands, the organization that led the campaign, made the following arguments:

“

Montana’s public lands are a precious and often threatened resource. All Montanans hold these lands and the animals on them in public trust, and respectful use is a key tenet of that trust. Trapping is indiscriminate, commercial, cruel and dangerous. It weaponizes public lands, makes them unsafe for pets and non-target wildlife, and encourages disproportionate, for-profit use of a public resource. Two-Thirds of Montana’s land are private, and our initiative has no bearing on those lands. There are still plenty of opportunities for trappers to trap on lands where others don’t recreate and pets are less threatened. Our supporters only feel that trapping is not an appropriate use of public resources. This initiative’s purpose is not to threaten Montana’s hunting and fishing culture. We view both as fair chase, designed for individual use, and well regulated. Trapping by contrast is in indiscriminate, excessively cruel, meant to kill en masse, largely de-regulated by national standards, and done either for profit or to protect private interests.

”

Official arguments

Stan Frasier, Betsy Brandborg, and John Melcher prepared the following arguments in favor of I-177 for the secretary of state's voter information pamphlet:

“ I-177’s purpose is to eliminate the dangers traps pose to people, pets and wildlife on public lands. I-177 will restrict commercial and recreational trapping to private lands, which are two-thirds of Montana’s landscape. Hunting and fishing, protected by the constitution, will not be affected. Tens of thousands of hidden traps—wire snares, steel-jawed legholds, body-crushing Conibears— present a year-round threat for all who work, hunt and recreate on public lands. Their very presence favors a single use over the legitimate rights of others to work, enjoy and feel safe in lands set aside for all taxpayers and citizens. Trapping is part of our history, but the day is gone when it maintains our livelihood or the economies of our communities. Unlike 19th Century mountain men, trappers today drive trucks, ATV’s and snowmobiles along routes many people use. Traps can be set 50 feet from trails, 30 feet from roads, and on river and creek banks. Traps are not signed. No public trails, roads or waterways are safe for a wandering child or dog. Trapping is no longer a primary income source, yet our publicly owned animals are disappearing for markets like China and Russia. Quotas are set for Montana’s bobcat, otter, fisher and swift fox, but trapping is unlimited for all other species. Killing an animal for its hide—market hunting—is what nearly exterminated the buffalo and is as unacceptable today as killing an elephant for its tusks, a bear for its gallbladder or a rhino for its horn. Montana’s tradition calls for “Fair Chase” and respect for animals, the core ethics of hunting. Trapping has no fair chase. The trapper does not see his target, the kill is far too often not quick or efficient. The suffering of the trapped animal is enormous, and can last for days. One out of four animals chews its leg off in panic and pain. Montana law is that no game animal be wasted. For every targeted fur bearer caught, an average of two more are killed and discarded. Baited traps attract any animal, including rare and protected species like eagles, owls, wolverine, lynx and fisher. Because trapping is indiscriminate, it is not an effective management tool to control disease or populations. Healthy animals, not sick ones are lured by bait. Animals trapped are the ones that feed on rodents carrying common diseases. Limited trapping to protect livestock and property, for health and safety and for scientific and wildlife management activities is allowed under I-177. Public lands belong to the public. The public does not have one face, one interest. For every trapper who wants to engage in that activity, on those lands, there are thousands of Montanans who value robust wildlife populations, ethical hunting practices, and freedom from the fear of hidden weapons on land that belongs to us all. Wildlife is Montana’s heritage, and our future. 'The days of trapping are over,' said wildlife biologist Chuck Jonkel. 'It’s time to preserve the animals.' For more information, visit www.montanatrapfree.org ”

Opposition

Montanans for Wildlife & Public Land Access and Montanans for Effective Wildlife Management led the campaign against Initiative 177.

Opponents

Officials

• Sen. Jennifer Fielder (R-7)

Organizations

• Montana Trappers Association
• Montana Sportsmen for Fish and Wildlife
• Montana Sportsmen’s Alliance
• Montana Outfitters & Guides Association
• Montana State Houndsmen Association
• Rocky Mountain Elk Foundation
• Big Game Forever
• Montana Bowhunters Association
• Montana Shooting Sports Association

Arguments

Sen. Jennifer Fielder (R-7), an opponent of the initiative, said:

“

I think that it’s important to protect the rights of a sportsman to be able to utilize the land in different ways. And for Montanans to be able to hunt, fish, and trap in our state, it’s part of our heritage that we treasure. Trapping is very similar to hunting, it’s a means of harvesting animals. And done properly it can be done quite humanely.

”

Official arguments

Paul Fielder, Keith Kubista, Jay Bodner, Toby Walrath, and James Brown prepared the following arguments in opposition to I-177 for the secretary of state's voter information pamphlet:

“ Vote NO on I-177 - It ’s Bad for Wildlife, Bad for Ranchers, and Bad for Montana Montana’s rich constitutionally protected heritage of hunting, fishing and trapping, is also the most effective means for controlling dangerous predators, preventing the spread of disease and protecting wildlife and livestock from an exploding wolf population. Animal rights activists want to take these decisions away from Montana’s wildlife experts. Vote NO on I-177! Here’s why I-177 is bad for Montana: I-177 is bad for wildlife, costly for cattle and sheep ranchers, bad for taxpayers, and even dangerous for pets and people too! I-177 would ban one of the most effective methods for controlling wolves, coyotes, and other predators to protect Montana’s elk, moose and deer populations, as well as livestock. Roughly 40% of all wolves harvested in Montana were taken by trapping with nearly half taken on public lands. Without trapping on public lands, wolf numbers will skyrocket causing damage to other wildlife, livestock, and even posing a safety risk to pets and people. I-177 would pose a significant public health and disease risk such as rabies, plague and attacks on pets and people, especially young children. I-177 is being pushed by the animal rights and anti-hunting lobby whose real agenda is to ban all trapping and all hunting. Montana’s expert wildlife biologists need regulated trapping to continue to protect wildlife, livestock, pets and people. That is why I-177 is opposed by Montana’s major sportsmen’s organizations, cattle and sheep ranchers, wildlife management professionals, and more. I-177 will cost at least $422,000 in taxpayer money every year for the Montana Department of Fish, Wildlife and Parks to do the same things that trappers currently buy a license to do. I-177 would not allow any trapping until after damage or even a tragedy has occurred, and even then, not until non-lethal methods have been tried and documented to be unsuccessful. Meanwhile, dangerous predator populations will continue to grow unchecked. Regulated trapping under existing laws is an essential tool for Montana’s wildlife experts, and dates back to the time of Lewis and Clark. It is a cherished family tradition like hunting, fishing, and camping. Let’s keep it that way. Vote No on I-177 so Animal Rights activists can’t restrict our use of public lands for any reason! Montana’s public lands belong to everyone, are big enough for everyone to enjoy. Vote NO on I-177 – It’s Bad for Wildlife, Bad for Ranchers, and Bad for Montana. ” Montanans for Wildlife & Public Land Access, one of the groups that led the fight against Initiative 177, contended: “ Wildlife management professionals recognize trapping as an effective and legitimate wildlife management tool. Montanan's for Wildlife and Public Land Access is dedicated to preserving this critical, and professionally recognized, tool by defeating Ballot Initiative 177 (I-177). Trapping is an important tool for biologists, ranchers, farmers, home owners and pest control professionals. It enables wildlife managers to control problematic predator and pest populations that can attack pets, spread diseases among humans and wildlife, damage property, impact other wildlife populations and kill livestock. I-177 is overly broad and will impact the ability to control pests and wildlife on all publicly owned land and facilities. This goes far beyond Montana's wild spaces to include such publicly owned places as parks, hospitals, universities, municipal golf courses, and state, city and county owned land and buildings. ”

Campaign finance

Total campaign contributions:
Support:	$154,537.63
Opposition:	$329,473.50

As of January 9, 2017, the support campaign for this initiative featured one ballot question committee, Montanans for Trap Free Public Lands, that received a total of $154,537.63 in contributions.

The opposition campaign for this initiative featured two ballot question committees, Montanans for Wildlife & Public Land Access and Montanans for Effective Wildlife Management, that received a total of $329,473.50 in contributions.

According to reports through January 9, 2017, the top donor in support of this initiative, Cindy McIlveen, provided approximately 22 percent of the campaign's total funds. McIlveen contributed $29,762 in cash and in-kind services. The top donor in opposition to I-177, the Montana Trappers Association, provided approximately 93 percent of the campaign's total funds. The group contributed $299,751.60 in donations.

Support

Cash donations

The following ballot question committee registered to support this initiative as of January 9, 2017. The chart below shows contributions and expenditures current as of January 9, 2017.

Committee	Amount raised	Amount spent
Montanans for Trap-Free Public Lands	$154,537.63	$152,447.64
Total	$154,537.63	$152,447.64

Top donors

As of January 9, 2017, the following were the top five donors in support of this initiative:

Donor	Amount
Cindy McIlveen	$34,325.73
Timothy Provow	$29,762.43
Alan Applebury	$20,000.00
Steve Barkley	$10,000.00
Steve Schmidt	$7,000.00

Opposition

Cash donations

The following ballot question committees registered to oppose this initiative as of January 9, 2017. The chart below shows contributions and expenditures current as of January 9, 2017.

Committee	Amount raised	Amount spent
Montanans for Wildlife & Public Land Access	$322,052.60	$311,335.09
Montanans for Effective Wildlife Management	$7,420.90	$0.00
Total	$329,473.50	$311,335.09

Top donors

As of January 9, 2017, the following were the top five donors in opposition of this initiative:

Donor	Amount
Montana Trappers Association	$299,751.60
Big Game Forever	$60,000.00
Rocky Mountain Elk Foundation	$50,184.00
Greg Gianforte	$10,000.00
Ohio State Trappers Association	$10,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

Support

• Billings Gazette said: "The Gazette editorial board agrees that I-177 would be a better law than the trapping rules now on the books. People shouldn’t have to worry that they or their pets will fall prey to man-made traps when they go out to enjoy public lands."

Opposition

• Great Falls Tribune said: "All public land users have responsibilities to follow the rules. Not all trappers do that, but we thinks it is reasonable to assume those bad apples are a small minority after looking at FWP enforcement statistics. Trappers are among the best conservationists in our communities and their pursuit of this legal activity on our public land should continue. We understand the motivation of supporters of I-177, but are disappointed at some of the wild, unsubstantiated claims about trapping in our state being tossed around. We oppose the initiative to block a group of users from pursuing a legal, regulated activity on Montana’s public land."

• The Missoulian said: "The problem is, Initiative 177 misses its intended target, too. It would not solve the problem of unintentional trapping of nontarget species, including pets and endangered or threatened wildlife. It would merely confine it to private property, which accounts for the vast majority of the state. ... Montana’s public lands are big enough to accommodate everyone, and we should all work together to find a way to share the landscape before seeking to lock out any particular group. Until those efforts are exhausted, Montanans should vote 'no' on I-177."

Polls

See also: 2016 ballot measure polls

• Mason-Dixon Polling and Research surveyed 1,003 registered voters on Initiative 177. Sixty-three percent of respondents said they planned to vote "No" on the measure.

Montana Initiative 177 (2016)
Poll	Support	Oppose	Undecided	Margin of error	Sample size
Mason-Dixon Polling and Research 10/10/16 - 10/12/16	24.0%	63.0%	13.0%	+/-3.2	1,003
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background

Ballot measures

In 2010 and 2014, initiatives regulating trapping were proposed. Neither, however, collected enough signatures to make the ballot. Both the 2010 initiative and the 2014 initiative would have prohibited trapping of mammals and birds on public lands.

Montanans approved a constitutional amendment, C-41, in 2004, which established a constitutional right to harvest wildlife.

Trapping statistics

In 2013, about 5,834 trapping licenses were sold and 53,029 fur-bearing animals were trapped and harvested, according to the Montana Fish, Wildlife & Parks' "Forbearer Trapping and Harvest Reports." In 2012, 72,591 fur-bearing animals were taken. In 2011, 66,919 were taken. Over 60 percent of all the animals harvested in 2013 were coyotes and muskrats. An additional 22 percent were beavers and raccoons.

Trapping in Montana, 2013
Animal species	Number of license holders that hunted	Total harvest	Average harvest per active trapper
All species	2,634	53,029	20.1
Bobcat	1,140	1,261	1.1
Beaver	753	5,435	7.2
Badger	249	1,034	4.2
Coyote	1,511	15,653	10.4
Fisher	17	12	0.7
Martin	310	2,302	7.4
Mink	324	1,024	3.2
Muskrat	642	16,248	25.3
Otter	87	92	1.1
Raccoon	777	6,001	7.7
Red Fox	586	2,041	3.5
Swift Fox	17	10	0.6
Skunk	288	1,554	5.4
Weasel	114	363	3.2
Wolverine	2	0	0.0

Path to the ballot

See also: Laws governing the initiative process in Montana

Timothy Provow sponsored the petition to the secretary of state. It was received on August 20, 2015, and approved for circulation on October 6, 2015. Supporters needed to collect 24,175 valid signatures, which is 5 percent of the total number of votes cast in the last gubernatorial general election. Supporters submitted at least 30,000 signatures. The secretary of state's office confirmed the validity of the signatures and placed it on the ballot.

Cost of signature collection:
Sponsors of the measure hired various staffing agencies to collect signatures for the petition to qualify this measure for the ballot. A total of $70,291.02 was spent to collect the 24,175 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $2.91.

State profile

Demographic data for Montana
	Montana	U.S.
Total population:	1,032,073	316,515,021
Land area (sq mi):	145,546	3,531,905
Race and ethnicity**
White:	89.2%	73.6%
Black/African American:	0.5%	12.6%
Asian:	0.7%	5.1%
Native American:	6.5%	0.8%
Pacific Islander:	0.1%	0.2%
Two or more:	2.5%	3%
Hispanic/Latino:	3.3%	17.1%
Education
High school graduation rate:	92.8%	86.7%
College graduation rate:	29.5%	29.8%
Income
Median household income:	$47,169	$53,889
Persons below poverty level:	17%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Montana. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Montana

Montana voted Republican in all six presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, three are located in Montana, accounting for 1.46 percent of the total pivot counties.

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Montana had two Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.10 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Montana coverage on Ballotpedia

• Elections in Montana
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• Public policy in Montana
• Influencers in Montana
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• More...

Related measures:

Related measures

Treatment of animals measures on the ballot in 2016
State	Measures
Massachusetts	Massachusetts Minimum Size Requirements for Farm Animal Containment, Question 3 a

Recent news

The link below is to the most recent stories in a Google news search for the terms Montana Animal Trap Initiative. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Montana Animal Trap Restrictions Initiative, I-177 (2016) - Google News

See also

Suggest a link

• 2016 ballot measures
• Montana 2016 ballot measures
• Laws governing the initiative process in Montana

External links

• Montana Initiative 177
• 2016 General Election Voter Information Pamphlet

Support

• Montanans for Trap-Free Public Lands

Opposition

• Montanan's for Wildlife & Public Land Access
• Montanan's for Wildlife & Public Land Access Facebook