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Wolf night hunting rules to remain intact during litigation between state and wildlife groups – Daily Montanan

['Keith Schubert', 'More From Author', '- February']

Date: 2022-02-02 00:00:00

A District Court judge said on Tuesday new wolf hunting regulations will go untouched while litigation between two wildlife groups and the state plays out over whether the state correctly observed administrative rules while adopting wolf night hunting policy.

In December, Wolves of the Rockies and Trap Free Montana filed a lawsuit against Montana Fish, Wildlife and Parks, and the Montana Fish and Wildlife Commission alleging the Commission did not adhere to the Montana Administrative Procedures Act in August when adopting wolf hunting regulations.

The groups want the court to invalidate wolf hunting regulations that allow for night hunting on private land with artificial light, infrared imaging, thermal imaging or night vision scopes, and bar aerial assistance when hunting wolves.

On Jan. 13, the groups asked Lewis and Clark County District Judge Michael McMahon to temporarily block the regulations while litigation unfolded. McMahon denied the request and instead set a hearing for Feb. 10.

In denying the temporary restraining order, the challenged regulations will remain legal for the time being. McMahon wrote in his Tuesday ruling that rules challenged by the plaintiffs are exempt from the Administrative Procedures Act and fall under a different section of Montana Code Annotated.

“As with other hunting seasonal rules established by the Montana Fish and Wildlife Commission, it appears MAPA does not apply to the wolf hunting regulations at issue in this proceeding,” the order reads.

And he said it appears “the processes followed by the Commission in adopting these wolf hunting regulations complied with MAPA’s principles” by providing public notice, written comments and a hearing before final agency decisions.

The groups argue in the lawsuit the commission added the use of thermal technology and at night vision scopes without public notice or comment and that the groups only became aware of the additional provisions when the August regulations were published. The lawsuit also alleges the commission took a similarly improper route in removing restrictions regarding aerial spotting of wolves.

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