Under the Montana Administrative Procedure Act (MAPA), an interested party may petition an agency to request the establishment, amendment or repeal of an administrative rule. The petitions were considered during Thursday’s special Montana Fish and Wildlife Commission meeting, which was held virtually.  

“If the commission chooses not to advance a petition, there is no further process,” explained Jeff Hindoien, chief of Montana Fish, Wildlife & Parks’ legal unit, in addressing the 24-hour trap check petition. “But it’s an element that can be adopted during regulation setting.” 

A third agenda item that authorizes FWP staff to prepare a draft predator management policy for the commission’s consideration passed unanimously. That draft will be brought back to the commission for further review, comment and possible advancement to a more formal MAPA process, which would involve even further public notice, comment and legislative oversight before administrative rules gain the full force of law.  

“This is a fundamental first step,” said FWP Director Christy Clark. “There will be lots of opportunities to hear concerns as we move forward.” 

Most of the nearly five-hour meeting focused on public comment.  

The trap-check petition was submitted by Footloose Montana and the Gallatin Wildlife Association. 

“I made the motion to deny because I don’t think it’s ready for primetime,” said Commissioner Jeff Burrows, who represent Region 2. 

The mandatory bear spray petition was submitted by Patty Ames, President of the Flathead-Lolo-Bitterroot Citizen Task Force on behalf of approximately 65 NGOs and individuals.  

In addition to the comments given during the meeting, the three items drew written and online public comments, with trap check requirements receiving more than 600 comments, bear spray mandate receiving more than 300 comments and the predator management policy receiving about 100 comments.  

To watch a recording of the meeting and to read the written and online comments, click here.