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Fish and Wildlife Commission sued over open-meeting law, black bear quotas

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Fish and Wildlife Commission sued over open-meeting law, black bear quotas


The Montana Fish and Wildlife Commission was sued Friday for allegedly ignoring state open meeting laws when it approved eliminating some black bear hunting quotas in December.

The seven-member commission unanimously agreed at its Dec. 19 meeting to drop a rule that closed black bear hunting in certain hunting districts of northwest Montana if hunters killed more than 37% of the estimated female bear population there. The lawsuit, filed by wildlife and conservation group members from across the state, claims the commissioners failed to publish the proposal before the meeting and then took action on it without proper notice or public comment.

“I personally care a lot about black bears,” said Denise Boggs, lead plaintiff in the lawsuit and a former Fish, Wildlife & Parks wildlife division employee. “But we are litigating this because the public process and open meeting laws were violated.”

During a discussion of “corrections and amendments to black bear, antelope, deer bighorn sheep and boundary descriptions/clarifications” listed on the agenda during the December meeting, Region 2 Commissioner Jeff Burrows of Hamilton proposed the black bear rule change. It had not been included in the published agenda before the meeting, according to the lawsuit.

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In the online recording of the meeting, Commission Chair Lesley Robinson said Burrow’s proposal was “one the public has not seen, which is perfectly fine. This is completely fine for the amendments to come at the meeting.”

Requests for comment to Robinson and Montana FWP spokesman Greg Lemon were not returned by Friday afternoon.

The change affected FWP Region 1 efforts to sustain black bear populations in northwest Montana. Region 1 Wildlife Manager Neil Anderson told the commissioners in December that hunters were particularly successful in the 2021 and 2022 seasons, killing about 1,500 black bears combined. But through 2023 and 2024, they only took about 900.

Region 1 Commissioner Pat Tabor of Whitefish said hunters were telling him that deer and elk populations were down in northwest Montana and they believed black bears were partly responsible.

“A slight decline in black bears is in order until we get stabilization in ungulates,” Tabor said during the December meeting. “I got a tremendous amount of traffic on this. We need to be more aggressive in predator management in Region 1.”

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Region 3 Commissioner Susan Kirby Brooke of Bozeman added she thought over-large populations of black bears were the reason more residents in Kalispell and Columbia Falls were having bear conflicts at their homes.

“If the population is stable, they wouldn’t be coming into neighborhoods,” she said. However, FWP staff said those two things were not related.

“The challenges we have managing altercations with bears is largely independent of population size and hunting,” FWP game management Bureau Chief Brian Wakeling told the commissioners. “Hunting is not the primary method we use to address human conflict that arises from bear interactions or altercations.”

Anderson added that bear-human conflicts in neighborhoods had more to do with food supplies. In dry years when huckleberry crops are small, bears seek out human foods like unsecured garbage, bird feeders and dog food.

“It’s a little more complicated than just black bear numbers,” Anderson told the commissioners. “All the [residential] development is occurring in the valleys and riparian areas [that bears used to frequent]. People want to live there.”

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Region 1 wildlife managers suggested the 37% female kill quota in January 2024. The move came in response to the recent extension of black bear hunting seasons, along with new opportunities to chase black bears with hounds. That likely meant more females getting killed, which raised the potential for a population downturn.

“We wanted to use this method for a couple years, and then come back to next year’s biennial season-setting with hard quotas, rather than this 37%,” Wakeling told the commissioners.

But Tabor, who recently retired from an hunter outfitting and guide company in northwest Montana, said he thought the 37% female kill quota was “uber-conservative,” and asked if a limit of 40% or 45% was possible.

Anderson replied that killing 40% of the females in a bear management unit was the expected threshold where populations could start crashing. The 37% point was chosen to avoid reaching that tipping point.

Mike Bader, a Missoula-based wildlife consultant and plaintiff in the lawsuit, said the divergences between what the commissioners proposed and what their FWP staff research showed was part of the reason why the U.S. Fish and Wildlife Service declined to delist grizzly bears from the Endangered Species Act last week. Federally protected grizzlies are often killed in encounters with black-bear hunters, and the FWS decision cited inadequate state regulatory controls on those hunters as a serious risk to grizzly survival.

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“They just don’t seem ready to manage the species,” Bader said Friday. “They can’t just say ‘we’ll make adjustments and fix it next year.’”

A group of 40 wildlife experts made a similar point in a letter to the Fish and Wildlife Commission after the December meeting.

“This is management based on the whimsy of commissioners rather than on data, analysis and consultation with biologists on the ground,” the letter stated. “A particular irony in this case is that FWP recently initiated research to update our understanding of both black bear abundance and elk population dynamics in northwestern Montana. Rather than awaiting the results from FWP staff tasked with providing objective information, the commission moved forward based on some anecdotes they heard and their obvious personal bias against predators.”

During a public comment session later in the meeting, several speakers supported removal of the black bear quota. Two hunting outfitters noted it was difficult for hunters in the backcountry to know if their district black bear season had been closed early because the quota had been reached. They also said it was hard to book late-season hunting clients not knowing if the district might be closed before the regular season ended.

Mike Mershon, of the Montana Wildlife Federation, praised a different rule change involving bighorn sheep, but then added a warning about the commission’s process.

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“These agenda amendments make it difficult to get it out to the public,” Mershon said, “so they can respond to developing amendments.”



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Emergency travel only in northeast Montana (video)

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Emergency travel only in northeast Montana (video)


GREAT FALLS — Blowing dust is becoming a major issue again on the Hi-Line as winds gust to 60–70+ mph, especially from Phillips County eastward.

Visibility has dropped to very low to near zero at times, and there have already been several crashes east of Glasgow near Nashua and Frazer. People are urged to avoid unnecessary travel in these areas if possible.

This is a very dangerous situation for travelers across northeast Montana. Blowing dust is causing near-zero visibility in many locations.

WATCH:

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Hazardous driving along the Hi-Line

Highway 2 from Dodson to Wolf Point is closed until further notice, with only emergency travel allowed in these areas.

All red- and black-shaded roads and highways are experiencing severe driving conditions because of the low visibility.

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MDT

Click here to visit the MDT 511 site.



(WEDNESDAY, MAY 13) A fast-moving front rolled through north-central Montana on Wednesday, May 13, 2026. The powerful winds gusted to more than 80 miles per hour in some areas.

Shaylan Verploegen shared video from north of Havre, showing a huge “wall” of dirt and dust in a unique weather phenomenon known as a haboob; watch the video and see other viewer photos here:

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Fast-moving front kicks up walls of dust

The strong winds caused some damage. There were trees blown over in Havre, Great Falls, and Helena. Part of a roof was blown off in Box Elder, and there were several carports that were destroyed in Havre. There were also numerous power outages reported across the area, some of which lasted for several hours.

Check out more photos and videos shared by KRTV viewers:

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Use the form below to share your photos and/or videos with KRTV


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Montana Lottery Powerball, Lotto America results for May 13, 2026

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The Montana Lottery offers multiple draw games for those aiming to win big.

Here’s a look at May 13, 2026, results for each game:

Winning Powerball numbers from May 13 drawing

22-31-52-56-67, Powerball: 15, Power Play: 2

Check Powerball payouts and previous drawings here.

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Winning Lotto America numbers from May 13 drawing

17-18-28-37-42, Star Ball: 04, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from May 13 drawing

02-06-10-16, Bonus: 16

Check Big Sky Bonus payouts and previous drawings here.

Winning Powerball Double Play numbers from May 13 drawing

08-13-39-63-66, Powerball: 02

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Check Powerball Double Play payouts and previous drawings here.

Winning Montana Cash numbers from May 13 drawing

02-04-13-17-32

Check Montana Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from May 13 drawing

21-24-29-42-49, Bonus: 01

Check Millionaire for Life payouts and previous drawings here.

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Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

  • Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Mega Millions: 9 p.m. MT on Tuesday and Friday.
  • Lucky For Life: 8:38 p.m. MT daily.
  • Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
  • Big Sky Bonus: 7:30 p.m. MT daily.
  • Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
  • Montana Cash: 8 p.m. MT on Wednesday and Saturday.
  • Millionaire for Life: 9:15 p.m. MT daily.

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.



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Public Meeting at Hub on Smith Concerning Montana Water Call Prompting Priority Administration in Tongue Basin

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Public Meeting at Hub on Smith Concerning Montana Water Call Prompting Priority Administration in Tongue Basin


Wyoming State Engineer Brandon Gebhart announced that on May 5, 2026, the State of Montana placed a call under Article V(A) of the Yellowstone River Compact to fill Tongue River Reservoir in Montana. As a result, priority administration is in effect on post-1950 water rights in Wyoming that divert water from the Tongue River and its tributaries and are not excluded from the compact.

A public meeting will be held from 5:30 to 6:30 p.m. Monday, May 18, in the dining room of The Hub on Smith. Attendees are asked to enter on the north side of the building.

The Tongue River Basin has been experiencing drought conditions over the past year with historically low winter snowpack and streamflow conditions. According to the release, those conditions led to Montana’s interstate call and prompted the administration of the Tongue River Basin in Wyoming.

The priority administration will affect post-1950 water rights within the Tongue River Basin, including reservoir storage, stream diversions and groundwater withdrawals, all of which affect river flows. Post-1950 water rights will be regulated off or prevented from turning on. Wyoming hydrographer-commissioners will continue to administer reservoir storage and post-1950 diversions throughout the spring and work with affected water users until the administration is lifted.

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As provided in the compact, domestic uses less than one-half acre in area and livestock uses, including stock reservoirs less than 20 acre-feet in capacity, are excluded from this administration. The release noted these excluded rights could be subject to future regulation to satisfy priority calls by senior Wyoming water rights.

Beginning May 5, 2026, Wyoming hydrographer-commissioners have worked to record the current storage levels of reservoirs with post-1950 water rights. Going forward, those reservoirs can continue to accrue storage so long as post-1950 storage gained after the interstate call on May 5 remains in storage until either the water is released to satisfy the Montana call or Montana lifts the call because Tongue River Reservoir will fill.

Reservoirs with unfulfilled pre-1950 water rights can continue to store water and that storage will not be subject to release to satisfy Montana’s call. However, that storage and other direct flow rights could be subject to regulation to satisfy priority calls by senior Wyoming water rights.

The priority administration will be carried out pursuant to state law by hydrographer-commissioners assigned to various portions of the Tongue River Basin, working under the direction of Division II Superintendent David Schroeder.

The Wyoming State Engineer’s Office can be contacted at:

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Jack Morey, deputy state engineer, 307-777-5032, jack.morey2@wyo.gov

David Schroeder, Division II superintendent, 307-674-7012, d.schroeder@wyo.gov

Jeff Cowley, interstate streams administrator, 307-777-1942, jeff.cowley@wyo.gov




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