Alec Underwood

MWF thanks Gov. Bullock for signing SB 341, the Public Access Land act, and agrees with the Governor that Montana Fish, Wildlife and Parks needs to craft rules that ensure it’s properly used to effectively open access to landlocked public lands with no other options. That’s why we sought an amendment, sponsored by Senator Tom Jacobson (D-Great Falls), to ensure that rule-making authority was included in the bill.

“MWF put in a lot of hard work and time to develop this legislation, along with other groups, Senate Leadership, and DFWP, throughout the session,” said Dave Chadwick, MWF executive director. “It shows that Montanans can solve access issues by working together, and now as the governor said it’s time to write a rule for the law that ensures that’s exactly what gets done.”

SB 341, sponsored by Sen. Mark Blasdel, R-Kalispell, allows FWP to enter into agreements with landowners for opening easements to public lands that are otherwise unreachable by the public. Grants will be reviewed by the Private Land/Public Wildlife Council and by the FWP director.

In addition, rules must be written to ensure a review so that any projects proposed are not in conflict with existing easements to those lands. Bullock in his signing statement said he was directing FWP to write a rule that ensures easements can’t be used to eliminate an existing public easement.

“I am excited about the prospect of opening up more land through the mechanism envisioned by SB 341. I have some concerns, however, about whether these same agreements could be used to defeat an existing right of access the public holds,” Bullock said in his signing statement. “For example, I anticipate concerns over whether a landowner could use the existence of an agreement under SB 341 as evidence of permissive use to defeat a historical prescriptive easement. Accordingly, as my administration implements this bill, I am directing the Department of Fish, Wildlife, and Parks to adopt rules that will require the Department to determine if the public already has access to a property before finalizing any agreement under SB 341.”

Every program has the possibility of being abused. How those programs are implemented helps to guarantee that the public’s resources and money are wisely used to ensure that we start working on eliminating the 1.5 million acres of landlocked public land. We are extremely grateful for the leadership of Senator Blasdel on SB 341, and his insistence that all groups work together to find common ground.

MWF will be heavily engaged in the rulemaking process, as well as reviewing any proposals that come forward under SB 341.

The Montana Wildlife Federation congratulates the four members of the Fish and Wildlife Commission who were confirmed by the Senate.

“We are looking forward to working with these commissioners to tackle the difficult but rewarding issues around our public fish and wildlife resources,” said Dave Chadwick, MWF executive director. “It is a major commitment of time and energy to serve on the Commission, and we’re thankful these leaders are willing to put in that effort.”

The Senate this week confirmed Tim Aldrich, of Missoula, and Shane Colton, of Billings, to terms that end in two years in 2021. Both were appointed in 2017 by Gov. Bullock and awaited Senate approval.

Also confirmed were Pat Byorth, of Bozeman, and Logan Brower, of Scobey, to four-year terms that will end in 2023.

Aldrich is a past president of MWF and has served on numerous advisory boards and councils regarding fish and wildlife, and lands.  Aldrich is retired from a distinguished career in the US Forest Service.  Colton served on the Commission for eight years in the 2000s and was again appointed in 2017.

Byorth is a former fisheries biologist with FWP who brings extensive knowledge of fisheries management. He currently works as an attorney with Montana Trout Unlimited working on water rights issues. Brower is a high school teacher and athletic director in Scobey.

The Commission will have numerous difficult issues to deal with in the coming two years. One of the main ones will elk management as we look at an update of the statewide management plan and address criticisms of elk “shoulder seasons”.  The Commission will also have to address grizzly management, Chronic Wasting Disease, aquatic invasive species, and many more issues.

Montana Wildlife Federation President Bill Geer has been reappointed to the Private Land/Public Wildlife Council for another term. It’s an important group that brings together landowners, hunters, conservation groups and other interests to work on the tough issues surrounding public hunting access to private lands.

Geer, who ran the state of Utah’s wildlife agency during his career as a professional wildlife biologist, brings a wealth of experience to the position. He understands the intricacies of managing a public trust resource – wildlife – that often lives on private land. And he understands the delicate balance that’s needed between hunters and landowners to effectively manage deer, elk and other game species. We’re looking forward to productive discussions within the council, and know that Montana’s hunters will be well represented with Geer serving on it.

Today the Montana Wildlife Federation joined the Montana Wilderness Association, Montana Human Rights Network, Montana Conservation Voters,  and the National Wildlife Federation in issuing the following statement about the anti-government meeting planned for this weekend in Paradise, Montana:

The rule of law and access to our public lands are integral to how Montanans live, work, and play together as good neighbors.

This weekend, a group of extremists, including Cliven Bundy, are gathering in our backyard to advocate violating both of these core Montana principles.

Cliven Bundy and his colleagues have a record of breaking the law, not taking responsibility for their actions, and not being held responsible. Even though a mistrial was declared against Mr. Bundy for his armed 2014 standoff, he still has a 20+ year record of illegally trespassing on America’s public lands and refusing to comply with court orders to halt his behavior.

Mr. Bundy defends his illegal behavior by proclaiming “I don’t recognize the US government as even existing” and calling the United States a “foreign government.” He has publicly declared “I abide by almost zero federal laws”, which is borne out by his repeated refusal to comply with legal court orders. He holds many other radical views, including the idea that slavery was good for African-Americans.

Mr. Bundy will be joined by several other other anti-government extremists, including Roger Roots. Roots has a long history with white nationalism and advocates radical concepts like “jury nullification”, an eccentric and dangerous theory that juries should ignore the law.

Most troubling, at least one Montana lawmaker has indicated that she intends to attend this event: State Senator Jennifer Fielder (R-Thompson Falls). Senator Fielder is well-known as an extremist within her own party, but standing alongside someone who ignores the law and rejects the American judicial system and the very existence of the federal government is beyond the pale.

The stakes are high in Sanders County. In addition to this weekend’s gathering of extremists, one Bundy militia member found guilty in Oregon is a Plains, Montana, resident due for sentencing on the 24th. Montana lawmakers and law enforcement officials have a duty to protect and uphold the rule of law, not entertain extremists.

We are asking reasonable Montanans to stay away from the Bundy meeting and not fuel the conflict. Instead of playing who-has-a-bigger-gun with these extremists, we are asking people to support the law and public lands by taking three actions:

• Contact State Senator Jennifer Fielder and ask her to state her position on the multiple legal rulings against Mr. Bundy and if she believes he should be required to comply with court orders or not.

• Contact Sanders County Sheriff Tom Rummel and Montana Attorney General Tim Fox,  and ask them to support the peaceful rule of law and hold lawbreakers accountable.

• Sign on this statement of support for the rule of law and public access to public land