We also sent in thousands of emails, made phone calls and wrote letters to oppose the bill. Unfortunately, the Legislature didn’t listen. It passed HB 265 regardless of our opposition.
Now MWF and the Montana Sporting Coalition are asking Gov. Bullock to spare Habitat Montana conservation easements from the same unnecessary bureaucracy that we saw last year. That was when the state Land Board indefinitely delayed the Horse Creek Complex conservation easement near Wibaux. This easement not only permanently opened 20,000 acres of excellent habitat to public hunting for mule deer, antelope, and game birds, it ensured that future generations of ranchers can operate this ranch as viable cow/calf operation.
Simply put, Habitat Montana works. It works for landowners, for wildlife, for habitat, and for hunters. It has for 30 years. We want to keep it that way, and a veto of HB 265 by Gov. Bullock will allow Montana FWP to continue working with landowners to build good projects without the fear of political interference while continuing to build better partnerships between Montana’s hunters and landowners.
As the session winds down, and the bills that MWF has worked on over the last four months are dead, passed or indefinitely postponed, we can say that Montana’s wildlife and public access programs had a good year. Between the budget, House Bill 5 and House Bill 10, more than $35 million in new spending authority for better equipment and facilities for FWP is moving forward, as is the funding for a new Automated Licensing System (the current one is 20 years old!). Habitat Montana funding remains strong and intact, while the Upland Gamebird Enhancement Program and Governor’s tag funding all will be going where it needs to go: toward habitat improvement and acquisition.
Protecting FWP Data Revived
The House FWP committee this week reconsidered SB 349 (Sen. Jill Cohenour, D-East Helena). The bill makes it illegal to use specific GPS wildlife location data compiled by FWP to hunt or harass wildlife. This bill is important because FWP biologists need to collect wildlife data to map seasonal use, migration routes, denning sites, and other valuable scientific data. At the same time, that data should not be used to give a hunter an unfair advantage by showing the exact location of an animal. It violates the spirit of fair chase hunting, which is ingrained in Montana’s sporting heritage.
SB 349 had been tabled in the House FWP committee, but this week it was brought off the table. It passed second reading in the House and is up for the third reading next week. MWF is glad the Legislature took this important step in maintaining our heritage.
Wildlife Data Study
Another bill that calls for an interim study of how FWP handles its wildlife data passed out of the Senate Fish and Game and floor this week. SJ 30 (Sen. Jill Cohenour, D-East Helena) would set up a study by the Legislature to take a thorough look at FWP’s wildlife data, how it’s handled and how or whether it should be shared with the public. The bill is a solid step to determine whether FWP can restrict the dissemination of that data, and if so which section of state law it should go into. The resolution passed the Senate Fish and Game committee and awaits floor action.
PAL Act Headed To The Governor
The Public Access Land act, SB 341 (Sen. Mark Blasdel, R-Kalispell) passed the House this week and is heading to the governor’s desk. The bill sets up grants to fund access agreements with willing landowners to inaccessible parcels of public land.
This bill is a solid win for public landowners, access advocates and those who wish to see tensions between landowners and outdoor enthusiasts ease. It was drafted with significant input from the Department of Fish, Wildlife and Parks, MWF, Montana Trout Unlimited, the Rocky Mountain Elk Foundation, Montana Stockgrowers Association, Farm Bureau and the Montana Association of Land Trusts. This is how legislation should be done, in a coalition of stakeholders who come to the table in an honest effort to address an issue in a manner that respects all interests and rights.
There have been concerns that these agreements could be used to undercut existing prescriptive easements and harm public access. That’s why we made sure that there was accountability built into the bill to help ensure that this gaming of the program won’t occur. Three accountability measures to safeguard the public’s property, whether that be roads or public lands, were deliberately inserted into the bill.
Rulemaking: FWP has broad powers to make rules related to the programs the legislature enacts. While no outcome can be guaranteed, we want to assure our members that MWF and our affiliates, including the Public Land/Water Access Association, will be heavily involved in the rulemaking for the bill to ensure that there is a review of projects and that projects that would entail roads in dispute do not move forward.
Review: In addition, projects must be reviewed and recommended by the Private Land/Public Wildlife Council. This gives the public an opportunity to provide comment on the proposed agreements and weigh in before going to the Director of FWP for their approval or denial.
Final Approval: The final decision rests with the Director of the Department of Fish, Wildlife and Parks.
The PAL act was modeled off of the Block Management statutes. That program has opened up over 7 million acres of private land to hunters. As with any program, bad apples can try to take advantage of any loophole, real or perceived. If that happens, we’ll be back at the Legislature working on improving the act. The funding for the act is limited to 2 years as well, so the program will need to come back to the Legislature to prove its worth in order to get the funding to continue. That’s the final level of accountability that was built into the bill.
The PAL act brought together a diverse group of interests from both parties, and we’re confident it will be another tool to help improve public access.
Wolf Licensing Bills
A pair of bills to lower the cost of resident wolf licenses passed the Senate this week and are heading to the governor. HB 280 and HB 407 (Rep. Bob Brown, R-Thompson Falls) are both meant to get more wolf hunters in the field. HB 280 would make it possible for Montana hunters who buy a sportsman’s license to add on a wolf tag for $10. HB 407 would lower the cost of wolf licenses from the current $19 to $12. MWF is thankful to Chairman Brown for working closely with us on these bills.
Habitat Montana Bill Veto Requested
This week MWF helped rally our partners in the Montana Sporting Coalition to send a letter to Gov. Bullock requesting that he veto HB 265 (Rep. Kerry White, R-Bozeman). The bill would require state Land Board approval for Habitat Montana conservation easements. We saw last year the problem with that when politics were injected into the Horse Creek Complex conservation easement near Wibaux after a ranch family spent two years working out the details of the project with FWP.
That project permanently opened up 20,000 acres of public hunting in excellent habitat. The state Supreme Court in December ruled that board approval is not required, and never was intended by the Legislature when it created Habitat Montana more than 30 years ago.
State Parks, Trails Get A Boost
SB 24 (Sen. Terry Gauthier, R-Helena) passed the House this week and is heading to the governor. The bill increases the optional fee on motor vehicles from the current $6 to $9. The fee was set in 2003 and has been a big boost to state parks. The bill will pump roughly $2 million more per year into our parks, while also benefiting trails across the state. It brought together a broad coalition of sportsmen and sportswomen, conservation groups, health interests, realtors, the Chamber of Commerce and communities across the state who all value the quality of life that trails bring to all Montanans.
Those are the highlights as we wrap up the 2019 Legislature. MWF continues to be present to make sure the voice of hunters, anglers and wildlife conservationists is heard in the Capitol. Look for a thorough breakdown of all the bills this session in the coming weeks, and remember that our Bill Tracker continues to be updated in real time.
Jeff Lukas
Elk Campaign Manager
Jeff Lukas is a passionate conservationist who has been fishing and hunting his entire life. Whether it’s floating a small stream chasing trout, pursuing elk in the high country, or waiting in a blind for ducks to set their wings, Jeff is always trying to bring more people afield to show them what we are trying to protect. He loves being in the arena, and he will never shy away from conversations about the beautiful and unique corners of Big Sky country.
