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# Montana Rejects 2 Wildlife Rules After 900 Comments
- URL: https://www.theamericanquorum.com/state-news-montana-2026-09-28-b/
- Published: 2026-09-29T03:12:07.000Z
- Updated: 2026-09-29T03:12:07.000Z
- Description: Montana wildlife commissioners unanimously rejected proposed 24-hour trap checks and a bear-spray mandate after more than 900 comments, ending both petitions while leaving existing rules and voluntary safety guidance in place.
- Author: News Desk
- Tags: Policy, Montana

Montana wildlife commissioners have unanimously rejected two citizen petitions that would have required 24-hour checks of traps on public land and mandatory bear spray for hunters, trappers, guides and outfitters in grizzly habitat.

The [Fish and Wildlife Commission’s decisions](https://fwp.mt.gov/homepage/news/2026/sep/0928-special-meeting?ref=theamericanquorum.com), announced Monday after a nearly five-hour special meeting, stop both proposals from entering the formal rulemaking process under the Montana Administrative Procedure Act. Montana Fish, Wildlife & Parks said the trap-check proposal drew more than 600 comments and the bear-spray proposal more than 300.

## Trap-Check Petition Ends, but Issue Can Return

Footloose Montana and the Gallatin Wildlife Association asked the commission to require every trap and snare on public land to be checked at least once every 24 hours, regardless of the target species. Their petition also sought penalties for violations.

An [FWP staff memorandum](https://fwp.mt.gov/binaries/content/assets/fwp/commission/2026/sep-24/1.-pi-sheet-trap-check-position-.pdf?ref=theamericanquorum.com) laid out two choices: open a formal rulemaking process or deny the petition and leave current rules in place. Staff noted that Montana has generally handled trap-check requirements through annual or biennial seasonal regulations, including species-specific provisions for wolves and bobcats, rather than through the broader administrative-rule process requested by the petitioners.

Because the commission denied the petition, there is no additional proceeding on that filing. FWP legal chief Jeff Hindoien told commissioners that a similar requirement could still be considered later during the normal regulation-setting process. Commissioner Jeff Burrows said the proposal was not ready to advance.

## Bear Spray Remains Recommended, Not Mandatory

The second petition, filed by Patty Ames of the Flathead-Lolo-Bitterroot Citizen Task Force on behalf of about 65 organizations and individuals, sought a rule requiring readily accessible bear spray while hunting or trapping in mapped grizzly habitat. The [petition proposed escalating fines](https://fwp.mt.gov/binaries/content/assets/fwp/commission/2026/sep-24/2.-commission-petition-bear-spray.pdf?ref=theamericanquorum.com) and possible license consequences for repeat violations, with separate penalties for guides and outfitters who failed to ensure clients carried spray.

Petitioners argued that expanding grizzly range and overlap with hunting activity have increased the risk of dangerous encounters. They cited research on bear spray’s effectiveness and noted that state and federal wildlife agencies already recommend carrying it. Their proposed rule would have turned that safety guidance into an enforceable condition of hunting and trapping in designated habitat.

FWP’s [legal and policy analysis](https://fwp.mt.gov/binaries/content/assets/fwp/commission/2026/sep-24/1.-pi-sheet-bear-spray-petition.pdf?ref=theamericanquorum.com) questioned whether the commission had authority to create the requested equipment mandate and penalties through this route. The memo noted that Montana’s hunter-orange requirement was enacted by the Legislature, while agency penalties generally must rest on authority specifically granted by statute. Denial leaves the current voluntary approach in place.

The decision does not amount to a finding that bear spray is ineffective or unnecessary. It means commissioners declined to begin the particular rulemaking process and enforcement structure requested. Hunters and other backcountry users remain subject to existing wildlife and trapping regulations, while FWP continues to recommend practical precautions in bear country.

At the same meeting, commissioners separately authorized staff to draft a statewide predator-management policy. That document will return for additional review and public comment before any formal rules could take effect, making it a distinct process from the two petitions that ended with the unanimous votes.