If House Bill 45 passes into law, otters won’t be the only Wyoming species to have their protected status removed and become managed by the Wyoming Game and Fish Department moving forward.
The bill was unanimously supported by the Senate Travel, Recreation, Wildlife and Cultural Resources Committee on Tuesday.
State Sen. Larry Hicks, R-Baggs, brought an amendment to HB 45 that removes the state protected status for not only otters, but also allow Game and Fish to manage all protected animals in Wyoming — including the black footed ferret, fisher, lynx, pika and wolverines. He believes the protected status of these animals is “archaic.”
“What we want to do is allow flexible management of the wildlife,” Hicks said.
Game and Fish Director Angi Bruce supports the bill, which she said would simply re-categorize the fisher and pika, in addition to the otter, as non-game species, while the status of the black-footed ferret, lynx and wolverine would not change as they are federally protected under the Endangered Species Act (ESA). However, if President Donald Trump’s administration makes significant changes to the federal Endangered Species Act, that could lead to Wyoming and other states managing those animals down the road.
Fishers are small ferret-like critters that have long, bushy tails, while pikas are small mouse-like creatures with big ears. While they look like rodents, they aren’t and are actually closer to hares and rabbits.
What It Does
Removing the protected status for these species would allow Game and Fish to manage them as non-game animals moving forward. It would also technically open the door for them to be managed as a game animal as well at some point in the future, but Bruce stressed that’s not the intention of her agency.
The fisher, a member of the weasel family, isn’t now found in Wyoming, Bruce said, while pika populations are stable.
Many wildlife advocates spoke in opposition to HB 45 on Tuesday, expressing concern it will negatively affect the tenuous otter populations in Wyoming.
‘I Love The Otter’
Rep. Andrew Byron, R-Jackson, the sponsor of the bill, reiterated Tuesday that he doesn’t want otter populations to be negatively affected by his legislation.
“It was mentioned that I have a dislike for otters, and I want to publicly say that is not true,” said Byron, a former fishing guide. “I love the otter.”
Byron does believe there have been issues with otters decimating certain fish populations and said there doesn’t seem to be any consistent studies definitively proving population numbers of otters in Wyoming.
He declined to comment about his bill being expanded to other animals besides the otter.
Otters have been a protected Wyoming species since 1953, prior to the enactment of the Federal Endangered Species Act. The northern river otter is the lone species of otter in Wyoming.
Bruce said even when otters first became protected, they were not on the brink of extinction in the state.
University of Wyoming professor Merav Ben-David, considered one of America’s foremost river otter experts, described the bill as “premature” and doesn’t understand what its purpose is, aiming to solve a problem that doesn’t exist.
“We are trying to legislate for the entire state of Wyoming based on someone’s dislike for an animal?” she questioned. “What is the issue we’re trying to solve?”
She said any otter population growth in Wyoming has been extremely isolated and stunted compared to the growth of otter populations in other states.
Ben-David explained to Cowboy State Daily she’s concerned that allowing Game and Fish to manage the species will inevitably lead to some otters dying as a result of transplanting and trapping efforts.
Jess Johnson, government affairs director for the Wyoming Wildlife Federation, said pulling the protected status of otters will allow for more transparent public reporting of the species without ever hunting or trapping it, and puts the animal “in a better position.” She trusts Game and Fish to manage the species.
Bruce said a misconception also exists in that Byron’s bill would immediately take otters to a hunting or trapping season. She said the otter would be managed as a non-game species and allow the department “an extra tool” to manage the animal through non-lethal and lethal removal methods.
“What we’re looking at would not allow people to harm the otters,” Sen. Stacy Jones, R-Rock Springs, said.
The otter would default to a non-game animal if the bill passes. The only time an otter could be killed would be through an authorized permit issued by Game and Fish for scientific purposes.
University of Wyoming professor Merav Ben-David, above, and Wyoming Game and Fish Director Angi Bruce, below, testify Tuesday for the Sentate Travel, Recreation, Wildlife and Cultural Resources Committee. (Matt Idler for Cowboy State Daily) 
Wyoming Game and Fish Director Angi Bruce testifies for the Sentate Travel, Recreation, Wildlife and Cultural Resources Committee about a bill that would lift state protections for otters and other species. (Matt Idler for Cowboy State Daily) 
University of Wyoming professor Merav Ben-David testifies for the Sentate Travel, Recreation, Wildlife and Cultural Resources Committee about a bill that would lift state protections for otters and other species. (Matt Idler for Cowboy State Daily) 
The Sentate Travel, Recreation, Wildlife and Cultural Resources Committee talks about a bill that would lift state protections for otters and other species. (Matt Idler for Cowboy State Daily)
Can’t Relocate
In addition to the complaints raised about otters decimating Wyoming fish populations, Bruce said there have also been isolated conflicts involving otters going into private ponds more frequently over the past decade.
Because of the animal’s protected status, they are not allowed to be removed from a certain area. All the department can do is erect electric fencing or other non-direct measures.
Sen. Bill Landen, R-Casper, suggested transplanting otters around the state so that a small population of otters in the Fremont Canyon can “get a girlfriend,” and thereby expand the population statewide.
Ben-David believes water pollution could be the biggest reason behind the otters’ struggling recovery and that transplanting otters would not be a benefit until that underlying issue is resolved. She said Wyoming otter populations have declined since 2011 and are not now in a strong position.
“This is a really important indicator species who lets us know if we’re doing well or not,” Ben-David said.
Hicks Amendment
Hicks’ amendment expanding the bill to other specieses passed on a 4-1 vote, with Landen the only member voting against it.
Landen expressed hesitation that this move could jeopardize the original intent of the bill by making it much more expansive. He questioned whether the bill should advance to the Senate floor because it was so significantly changed.
“Maybe that’s the idea to kill the bill, if that’s what we’re wanting to do,” Landen said.
Sen. Brian Boner, R-Douglas, disagreed, saying its protected status is “irrelevant” because it preceded the Endangered Species Act. Hicks agreed and said it will allow for science-based management of the species.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
