Follow-up on trapping incident

This is a follow up with Montana Fish, Wildlife and Parks regarding the incident of my dogs being trapped. Back in November, while walking with my grandchildren on a gated Forest Service road, my dogs encountered spring traps less than 5 feet from the road and 100 feet from the gate. My grandchildren had just run over the area and fortunately missed getting their legs crushed. My dogs were not as lucky and did get caught. One still has a crushed paw.

I contacted FWP immediately the next morning. They came to the house, took the traps I had cut loose, looked at the identifying mark, and we proceeded to the location of the incident. The game warden agreed it was too close to the road and would follow up with a citation. I was also warned that I was "in the wrong" for having removed the traps and that I could be fined. I never heard anything more.

This week, I contacted the warden to get clarification on "what happened" to the trapper. I was surprised to find out hear the "interpretation" of open roads on public, federal and state lands. They are called "open" as long as they are not gated. Once they are gated, they are no longer designated as "open" roads, regardless if they are numbered on a map or used the week prior for vehicle travel.

There are different roads around this area that are maintained by a road grader with federal funds. They are gated for some months out of the year and open for travel the rest of the year (specifically, the road to Lion Lake off from the South Fork Road).

According to this interpretation, any road that is gated, including this well traveled road, is no longer deemed "open" once the gate is closed and therefore can be used for trapping anywhere along it or on it.

The 50 foot off an open road rule no longer applies. Even though the road is a road and is numbered as such on all the maps, and can be used by hunters, horseman, hikers, bikers, etc., it is no longer considered a designated road or trail. The "closed" gate eliminates its status as such. The trapper as such is free to set traps anywhere on a gated road.

I should point out the warden did not personally agree with the interpretation. Nonetheless, this is what was handed down to him and to me.

I doubt that many others realize this interpretation, and until it is changed, beware. You, your children and anyone else can be stepping into a trap on a public road once it is gated, and should you haul your screaming child or dog home to remove the trap from their foot or leg, you are in violation of the law.

Marion Foley lives in Martin City.