- Three years after a law was passed allowing year-round hunting of cougars, Utah’s DWR proposed banning trapping them on public lands.
- Reactions were passionate, and highlighted divisions within the hunting community.
- Following weeks of debate, the wildlife board unanimously rejected the proposal, allowing the use of lethal snares for hunting cougar.
The Utah Division of Wildlife Resources proposed amending a cougar hunting rule last month after three years reviewing HB469, the polarizing law that allowed for both the year-round hunting of cougars by anyone with a license and the use of traps or snares to do so.
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The proposed change — titled in the bureaucratic hodge-podge of “R657-11” — would have restricted most uses of lethal traps for hunting cougars on public land.
Carve-outs were made for ranchers and the trappers that work for them, but the update prohibited anyone else with a hunting license from using lethal snares to hunt cougars on public lands. The change would return the cougar trapping law to the legal standard that existed prior to 2023 and HB469’s passage.
The DWR found that among hundreds of cougars “taken” — the euphemism for killing — every year, the annual average of those killed with lethal snares was seven.
“With that and the continuing concern from constituents and the general public of having snares out there for cougars, (we) just thought it just wasn’t worth continuing,” said Chad Wilson, the game mammals coordinator for Utah’s Division of Wildlife Resources, at the Central Region’s regional advisory council meeting (RAC) May 12. “So, that led us to the recommendation that we have today, which is to not allow lethal trapping of cougars on public land.”
The response from all areas of the public was ardent, even showcasing some differences among various kinds of hunters. Yet, amid the cacophony of those disparate responses and despite the recommendations of its wildlife managers, the Wildlife Board of Utah’s Division of Natural Resources “unanimously rejected the proposed change to trapping rules during Thursday’s meeting.”
It’s legal to hunt cougars all year?
Utah opened season on cougars in 2023 by allowing anyone with a hunting license to kill the big cats year round. In addition, the law allowed the use of lethal snares, which has previously been illegal to use on public lands.
“We had been seeing a number of additional cases of mountain-lion-to-pet interaction, mountain-lion-to-livestock interaction, and quite honestly, mountain lions and neighborhood interaction,” said Utah state Sen. Scott Sandall, R-Tremonton, last November. “We know that our population was increasing on mountain lions.”
Wilson added some context, too, that prior to passage of HB469 getting passed, the DWR and the legislature struggled to find pathways to allow for more cougar hunting to address those concerns.
“Prior to that, the division attempted many times to increase cougar permits through the public process and we didn’t have a whole lot of luck doing so,” Wilson said. “With that, frustrations built among a lot of people. Those frustrations led up to the Legislature deciding to take action with (HB469).”
After it was passed, Wilson said that many groups and people reached out asking that trapping — specifically lethal trapping — not be allowed for harvesting cougars. Despite those concerns, the Wildlife Board decided to allow all forms of trapping.
“The division committed that we would look at this over a three-year period and decide — after that three years — if there was anything that could be changed, then we would come back through the RAC and board process and recommend those changes,” Wilson said. “So that’s why we’re here today. It’s been three years. We’ve looked at the data.”
How did folks respond to proposed rule?
The proposal suggestion kicked off a series of passionate meetings showcasing the intense sentiment Utahns have toward the cougar population.
Stakeholders across all five of the state’s regional advisory councils — trappers, houndsmen, ranchers, wildlife advocates and all the associated advocacy groups — spoke up at May and June RAC and Wildlife Board meetings.
“Removing lethal traps, especially given their relatively small contribution to overall harvest, is a reasonable and practical step towards better protecting wildlife, domestic animals and the recreating public,” said Denise Peterson, the founder and director of Utah Mountain Lion Conservation, at the Central RAC meeting last month.
“We adamantly oppose this. It’s not like a little opposition, it’s a strong opposition. This one missed the mark … . We need every tool in the toolbox. This is a wrong first step in the wrong direction,” said Sierra Nelson, the executive director of the Utah Wool Growers Association, at the June 11 meeting.
“I know people like to say that snares are indiscriminate and they might accidentally get females (cougars), but what about the doe that gets killed by the lion? Are those fawns that get orphaned any less viable?”
There were some comments, too, directed at the overall intent of HB469 and the current “predatory management study,” the goal of which is to nearly eradicate cougars from six hunting regions to assess the impact of their removal on mule deer populations.
“This cougar should not be being destroyed like it is. This is a cruel and evil thing to hunt an animal into extinction,” said Carolyn Elswick, who spoke as a member of the general public, at the May Central RAC meeting. “We’re not stupid — the public — as we begin to see this is what’s going on. Many people do not like it because it is wrong.”
Why was the proposal rejected?
Those who opposed the proposal dominated the respective regional RAC meetings as well as the June 11 Wildlife Board meeting and were well-received by the seven members of the Wildlife Board.
The arguments covered many different angles, ranging from constitutional rights — “traditional” hunting rights are enshrined in the Utah Constitution — through the specific mechanisms of different traps and snares.
Several speakers brought up that since trapping of other wildlife remains legal on public lands, the proposed rule would not address the root issue of indiscriminate snares being left out on public, multiple-use lands.
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Another common argument was the potential “unintended consequences” of limiting hunting methods, such as more significant losses of hunting rights that have occurred in other states.
“We’ve seen that now with the scopes on muzzle loaders in some areas with rifles. We’re hurting ourselves when we start limiting things like that,” said Ken Strong, a concerned member of the public. “It’s important to realize that once we lose something, we don’t get it back.”
Many trappers alluded to a wish that they be included in the decision-making as there are less dramatic actions the board could take — all of which were specific to the kinds of snares and traps allowed — that might alleviate some concerns.
Among the five regional advisory councils, however, only one — Central — voted to adopt the DWR’s proposal. The other four firmly rejected it.
Justin Oliver, who serves on the Utah Wildlife Board, was one of the seven members who unanimously voted against adopting the proposed rule. He said at the June 11 meeting that he received a lot of “very strong opinions” on the subject from both sides, pointing out that HB469 was the cause of much of the public disdain regarding cougar hunting.
He believes cougars should not be eradicated, but he said that — even with respect to houndsmens’ genuine concerns that their dogs could be affected — “I still feel like us banning snares for the use of taking mountain lions would be detrimental to the use of hunting as a management tool in the state of Utah.”
What were the arguments for adopting the new rule?
Besides noting that the new rule would affect a small percentage of the overall cougar hunting, Wilson also mentioned that there are quite a few citizens in the state who are concerned over the indiscriminate method of hunting being allowed on public lands at all.
At the May Central RAC meeting, Danny Summers, a regional supervisor for the Utah Division of Wildlife Resources, read data the state gathered about the proposed rule change.
“UDWR received a lot of public comment. Seventy-six percent strongly agreed with the proposal to stop public lands trapping, 5% somewhat agreed, 19% strongly disagreed,” Summers said. “Proponents argued for restriction of lethal traps on public lands because of public safety concerns for people and pets and ethical concerns about indiscriminate trapping.”
Those numbers represent just one region’s comments, from the only region that voted to adopt the proposal.
Justin Elswick, an attorney with Heideman & Associates, said one subset of the public was disproportionately represented.
“The vast majority of people here and who have spoken are hunters and trappers,” Elswick said. “I want to say that as as member of the public, I may not hunt or trap, but those of us who are in the public that don’t do that, we do have a right to speak in this state and our interest should be represented not only or exclusively to people who hunt and trap.”
He said that in his personal experience following the news and commenting on news stories about cougars, he’s found that there are many who oppose Utah’s hunting laws.
“This is a slippery slope,” Elswick said. “I will tell you the public knows about it and they (don’t) want it as well.”
The ethical concern Summers referenced was voiced by another speaker — also named Elswick, though Deseret News was not able to confirm if there was any relation or connection before publishing — at the RAC meeting.
“I would ask this group of people and hunters alike to realize to kill off a species like this in cruel manners and leave their young to suffer and starve is — I don’t care how you phrase it and how flowery you might make it look — this is an evil thing and man should know better than this,” Carolyn Elswick said.
‘Once we lose something’
Strong’s point about losing hunting rights was one that Justin Elswick thought needed to be seen in another light.
“I’ve heard it mentioned that (the new rule is) potentially a slippery slope, but prior to 2023, as we’ve heard stated, (trapping) wasn’t permitted,” he said. “This isn’t a removal of rights of a certain group of people who want to trap. They didn’t have those rights for many years.”
The idea, however, is one mirrored by the wildlife advocates, too. Peterson does not want to get rid of trapping or hunting, she made clear, but she does want cougars to have a place in the ecosystem.
“Increasingly, Utahns are asking for management approaches that prioritize coexistence, sustainability and balanced ecosystems,” Peterson said.
“These actions can reduce opportunity for one group of sportsmen in favor of another rather than promoting balanced and equitable management for all of us wildlife stakeholders.”
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