Committee hears competing views on bill to restore uniform trap setbacks

Senate Bill 427, a measure to restore uniform trap setback rules across Montana, drew lengthy testimony Marching between proponents who said the bill restores consistent safety protections and opponents who said it strips adaptive authority from the Fish, Wildlife and Parks Commission.

Sponsor Senator Willis Curti, representing Senate District 49, told the House Fish and Wildlife Committee the bill “basically codifies what the fishing game now has for setbacks for traps” and removes a recent commission carve‑out for one county. “There’s no change to the law. It eliminates the carve out, goes back to the original setback distances,” Curti said.

Advocates including Jessica Kargala of Bold Visions Conservation and tribal representative Patrick Kawaki urged a “do pass,” saying consistent setbacks protect recreational users, pets and children on high‑use winter trails and river corridors. “This just makes our regs uniform,” Kargala said.

Opponents — including representatives of the Outdoor Heritage Coalition, the Montana Trappers Association, and multiple resident witnesses — argued the bill would permanently remove the commission’s ability to tailor setbacks to local conditions. Sarah Clergett of the Outdoor Heritage Coalition said the commission’s changes were intended to provide flexible tools for local wildlife management, including reducing wolf populations where necessary. “The commission can be much more adaptive and nimble on the ground,” Clergett said.

Several opponents raised problems with the bill’s wording, saying terms such as “recreation site” are not clearly defined and could create enforcement uncertainty. Ian Wargo, a resident from northwest Montana, said the provision that exempts roads closed to motor vehicles in the existing regulations would be eliminated and could criminalize long‑standing trapping practices on seasonal roads.

FWP Chief of Law Enforcement Ron Howell appeared as an informational witness and distributed the department’s 2024 fur‑bearer regulations page specific to setbacks for committee comparison. Howell confirmed that placing the regulatory language into statute would lock setback distances in law until the Legislature acts, preventing the commission from adjusting setbacks quickly in response to changing conditions.

The committee’s questions focused on whether the bill changes current regulatory language or simply codifies it, the practical effects of reverting a Ravalli County carve‑out, and how undefined terms would be interpreted. Senator Curti and Howell responded that the bill was intended to return to the statewide language in FWP’s regulations and to remove the single‑county exception the commission adopted.

No formal action or vote on SB 427 was recorded during the hearing. The committee closed the hearing after sponsor remarks reiterating the goal of uniform statewide regulations and urging a do‑pass recommendation.

The hearing record shows a mix of conservation groups, tribal representatives, hunting and trapping organizations, local residents, and FWP staff participated; their arguments centered on safety, local management flexibility, statutory permanence versus regulatory adaptability, and clarity of definitions.

Votes or final committee action were not recorded during the hearing.