Trapping debate goes a new direction

  • Article by: DOUG SMITH , Star Tribune
  • Updated: July 21, 2014 - 11:21 AM

Under hunting access program, landowners retain trapping rights; some aren’t happy about it.

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Tim McMullen of Delano and his black Labrador Louie hunted for pheasants on state walk-in land in western Minnesota. That same land might hold traps set by the landowner.

Photo: File photo by Doug Smith • dsmith@startribune.com,

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Kevin Auslund had been a big supporter of the state’s fledgling walk-in hunter access program, which pays landowners to allow public hunting.

“They are beautiful lands, with lots of wetlands — probably some of the best pheasant hunting land you’ll find,’’ he said.

But three years after the program was launched, Auslund, 55, of Eden Prairie, was astonished to learn last fall that landowners retain trapping rights and can give others permission to trap on the 20,000 acres they have enrolled in the program.

Auslund is concerned hunting dogs will be accidentally caught and killed in traps and said he and other hunters had assumed no trapping was allowed, based on wording in the Department of Natural Resources’ regulations booklet.

“My mouth dropped on the floor; I couldn’t believe it,’’ he said.

And still doesn’t.

Auslund — a longtime outdoors activist who formed a nonprofit group Sportsmen Take Action (sportsmentakeaction.org) — argues that the state law establishing the walk-in access (WIA) program specifically prohibits trapping. The group hired an attorney and has written Gov. Mark Dayton, asking him to intervene.

“This change will put the lives of our hunting dogs in jeopardy …’’ Auslund wrote in his letter to Dayton.

Auslund cites the law creating the walk-in program, which states:

“A walk-in access program is established to provide public access to wildlife habitat on private land for hunting, excluding trapping, as provided under this section.’’

But DNR officials say Auslund and his supporters are misreading the law.

“The law says the public use of the land is for hunting, not for trapping,’’ said Ed Boggess, DNR Fish and Wildlife Division director. The lands aren’t open to public trapping. “But it doesn’t say the landowner can’t still trap their own land.’’

Or give permission for others to trap there.

The DNR hasn’t changed its position since the program was launched in 2011, said Bob Welsh, DNR wildlife habitat program manager. But officials realized last year that some people were misinterpreting the law, he said. So they added a sentence to the 2013 walk-in atlas saying landowners retained trapping rights. Auslund spotted it and cried foul.

The DNR plans to further clarify the issue in the 2014 hunting and trapping regulation booklet with this:

WIA sites provide for public hunting only. Individuals with a WIA Access Validation can hunt during legal hunting hours, during any open hunting season (including spring turkey), with no landowner contacts necessary. No target practice, trapping, dog training, camping, horseback riding or fires are allowed by the public. The landowner retains the right to engage in, or give permission to engage in, hiking/dog walking on leash, trapping, camping, horseback riding, or campfires, and other limited activities that do not impede public hunting. No vehicles or OHVs are allowed.

Said Welsh: “We talked about it [trapping] from the beginning when we were developing the program.’’ Officials decided not to include trapping as an allowable public ­activity on the walk-in lands because they feared it might deter landowners from signing up for the program. An estimated 13,000 hunters used the walk-in lands last year. Boggess said the DNR believes trapping doesn’t “impede” public hunting.

“Our WMAs [state wildlife management areas] are open to trapping, so we feel hunting and trapping are compatible activities,’’ Boggess said. The state’s 1.4 million-acre WMA system is open to public hunting. Federal waterfowl production areas (WPAs) also are open to both public hunting and trapping.

  • related content

  • Kevin Auslund demonstrated a Conibear-style trap sprung on a duck decoy, showing the force of the trap when tripped. Kevin Auslund is fighting the DNR's position that trapping is legal for some on the new walk-in hunter access lands. He says that puts hunting dogs in danger.

  • Trapping is allowed in the state’s new walk-in hunter access program, but not for the public.

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