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Judge denies request to block wolf hunting regulations – Daily Montanan

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

Date: 2022-03-07 00:00:00

A Lewis and Clark County District Judge denied a request last week to temporarily block sections of the state’s wolf hunting regulations while litigation over the challenged rules plays out.

In December, a pair of wildlife advocacy groups sued Montana Fish, Wildlife and Parks, and the Montana Fish and Wildlife Commission arguing they changed Montana’s wolf hunting regulations without proper public participation.

Wolves of the Rockies and Trap Free Montana Public Lands allege that FWP and the commission passed wolf night-hunting regulations but did not adequately notify the public that the regulations would include the use of equipment like night-vision goggles and infrared imaging. The groups also alleged that FWP removed an aerial hunting prohibition on wolves without notifying the public.

FWP argued that because wolves are classified as a “species in need of management,” they are not subject to the same statutes that regulate the hunting of furbearers and game animals.

Lewis and Clark County District Judge Michael McMahon heard from both parties on Feb. 10. In the hearing, the plaintiffs argued that only the Fish and Wildlife Commission, not the department, can change wolf hunting regulations and that the Montana Public Participation Act and Montana Administrative Procedures Act were violated when the new regulations were put into place. The groups asked McMahon to immediately halt the new regulations until the case is decided.

But in his March 2 ruling, McMahon favored FWP’s argument saying the Montana Administrative Procedures Act does not apply to wolf hunting and trapping regulations.

McMahon also said because of the language in Senate Bill 314, the groups’ should have been aware of hunting methods that went along with the authorization of hunting wolves at night on private property.

“Since the legislature authorized the commission to allow ‘artificial light or night vision scope’ hunting on private land, it appears requiring the commission to provide ‘public notice’… might be a useless or futile act,” he wrote.

While McMahon called the plaintiffs’ public participation allegations “compelling,” he said they do not address the exemption from the Montana Administrative Procedures Act and therefore did not issue a preliminary injunction.

Addressing aircraft use when hunting wolves, McMahon acknowledged that it is illegal under federal law.

“There appears to be no dispute between the parties that, under federal law, unauthorized shooting or attempting to shoot any animal, including a wolf, while airborne is unlawful,” he said.

Because aerial hunting is already illegal under federal law, he said, “a declaratory judgment or preliminary injunction in that regard would be merely advisory and futile since unauthorized wolf ‘hunters’ are already prohibited from shooting wolves while airborne.”

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