The Montana Fish and Wildlife Commission last month unanimously rejected a petition that would have required that hunters and trappers carry bear spray while in grizzly habitat.

A group of 19 local and state-wide environmental groups led by the Flathead-Lolo-Bitterroot Citizen Task Force submitted the proposal in early August, arguing that the mandate was necessary to reduce fatalities for both outdoor recreationists and grizzly bears. Several commissioners questioned that assertion and the wildlife agency's ability to enforce such a broad rule at a special meeting held on Sept. 24 to discuss predator management. 

"To me, that should be left up to the choice of the individual," Region 7 Commissioner Bill Lane said. "And, yes, hopefully they will make the right decision to try and deter killing the animal, but I've never seen where the government stepping in and requiring anybody to do [something] has ever turned out really well." 

Montana Fish, Wildlife and Parks already recommends that hunters carry bear spray. The capsaicin-based aerosol requires far less accuracy than a firearm and is therefore easier to use effectively in a high-stress situation. While highly potent, bear spray also carries no risk of death in the case of a misfire, and studies have found it effectively deters grizzlies more than 90% of the time.   

Montana Fish, Wildlife and Parks has documented 92 grizzly bear mortalities in Montana since the beginning of 2024, including 12 instances in which a bear was killed in defense of life.  

But Region 4 Commissioner KC Walsh noted that some of those instances may have involved individuals who were carrying bear spray. Other attendees referenced recent instances where outdoor recreationists were killed or seriously injured by grizzly bears, despite evidence that they were carrying bear spray.  

For many of the petition's opponents, which included several statewide outdoor recreation and hunting organizations, the matter came down to personal responsibility and choice. 

"I do hunt in grizzly bear country, and I carry bear spray, my wife carries bear spray and my daughter carries bear spray. You're right. It is common sense," Montana Sportsmen for Fish and Wildlife Executive Director Jeff Darrah said. "But I don't need to be told to do that." 

Commissioners unanimously voted to shelf the petition following 45 minutes of public comment. A petition submitted by Footloose Montana and Gallatin Wildlife Association to adopt a rule requiring that trappers check every trap and snare they set on public land at least once per day met similarly uniform resistance from the seven-person board. 

Region 1 Commissioner Ian Wargo introduced a final agenda item, authorizing the state wildlife department to draft a set of guidelines related to elk and deer populations that the commission would reference when making predator management decisions.  

The measure, which passed unanimously, represents little more than a commitment by the governor-appointed commission and the staff at Montana Fish, Wildlife and Parks to further discuss the idea. 

"That is the way it is with all of this rulemaking. The first step is nothing," Commission Chair Lesley Robinson said with a wry laugh as she explained the process to fellow commissioners. "It's just kind of like, yeah, we want to move forward with this idea."   

"We all have several bites of this apple," Montana Fish, Wildlife and Parks Director Christy Clark agreed. "The Montana Administrative Procedures Act process is a long one, and it's a really transparent one, so we'll have lots of opportunities to come back to the table and hear concerns and move forward from there. It'll be a sausage-making exercise."   

State law also requires that any policy the department develops go through a public comment and review period before the commission adopts it. 

While any changes are still a long way off, commissioners expressed enthusiasm for an integrated data-driven approach to managing the state's predators. The commission is responsible for setting hunting seasons and for wolves, mountain lions and black bears — a job that many commissioners said they have struggled with in recent years, especially as public perceptions of many predators remains highly polarized. 

"It's very frustrating when we come into these season settings and we're focused on one predator and we don't have enough information. We only have three weeks or less to substantiate to the public why we're making these decisions," Region 3 Commissioner Kirby Brooke said. "The more information that we have about populations and the balance of these populations, the easier it is for us to A, make the decision and B, explain it to the public." 

Reporter Hailey Smalley can be reached at 406-758-4433 or [email protected]. If you value local journalism, pledge your support at dailyinterlake.com/support.