Wildlife Wins in the 2019 Legislature

tof mayanoff 204876 unsplash The 2019 Montana Legislature saw some big wins for the priorities of the Montana Wildlife Federation. Our collective work through our staff, lobbyist and dedicated volunteers, the constructive relationships we built with lawmakers, and the strong voice we had with our conservation partners organizations, paid off with gains that benefit our wildlife, habitat, and access for hunters, anglers, and other wildlife enthusiasts. We saw more than 80 bills introduced this session that affected our issues and had to be present in the Capitol every day to stand up for what’s important to all of us.

The Good: Wins for Wildlife This Session

Habitat Montana

Habitat Montana remains intact as our most important and effective conservation and access program. In contrast to previous Legislatures, Habitat Montana was left untouched in HB 5, the state capital improvement projects funding bill. Our one-on-one work with lawmakers and the strong voice of the Montana Sporting Coalition and many other conservation partners helped ensure that the program will continue to work to protect public access and wildlife habitat.

HB 265 (Rep. Kerry White, R-Bozeman) would have required state Land Board approval for conservation easements under Habitat Montana.  It would have injected politics into the program, and cause uncertainty for landowners who work with the Department of Fish, Wildlife and Parks (FWP) to craft conservation easements. MWF and our conservation partners with the Montana Sporting Coalition fought this bill at every step of the way.  Even though it did pass the Legislature it was vetoed by Gov. Bullock after sportsmen and sportswomen showed overwhelming opposition.

FWP Budget a Win For Sportsmen, Wildlife and Fisheries

Montana FWP comes out of 2019 with the strongest budget it has seen in over a decade. The spending authority for the agency includes investments in personnel, equipment and information technology that give the professionals within the agency the resources they need to manage wildlife, hunting and angling, habitat and to enforce our fish and wildlife protection laws. In addition, the budget fixed the issue of how the state funds wildlife law enforcement in order to ensure compliance with federal law.

State Parks Funding

SB 24 (Sen. Terry Gauthier, R-Helena) is a big win for our state parks, trails, and recreational opportunities. The bill increases the optional fee on light motor vehicle registrations from the annual $6 to $9. The fee has been in place since 2003 and this is the first increase.   The bill will raise an additional $2 million for our state parks, and for trails. This bill brought together a strong, diverse coalition with leadership from the Montana Wilderness Association and motorized trail users, as well as community leaders and health care providers.

Expanding Public Access to Private Land

SB 341 (Sen. Mark Blasdel, R-Kalispell) creates grants for FWP to issue to landowners for agreements to open easements to landlocked public lands. Proposals will have to be approved by the Private Land/Public Wildlife Council, and then be approved by the FWP director.  Rules will be crafted to lay out guidelines for the grants and ensure that they protect public access rights and private property rights. This bill was another example of a broad coalition coming together, including sportsmen and agricultural interests, and MWF looks forward to working with other stakeholders to develop rules to implement the new program.

Protecting Fair Chase

Montana’s ethical, fair chase hunting heritage received a boost this session with the passage of SB 349 (Sen. Jill Cohenour, D-East Helena) to ban the use of FWP specific wildlife location data to hunt or harass wildlife. It’s a big win that allows FWP to collect needed data but keeps it from being used to violate fair chase. The Legislature also approved a study resolution, SJ 30 (also by Sen. Jill Cohenour) to further look at the issue and determine if FWP can deny public release of data in order to protect wildlife.

Hunting and Fishing License System Overhaul

The complete overhaul of the aging Automated Licensing System, FWP’s system to sell hunting and fishing licenses and allow people to apply for special permits, passed in HB 10.  The current system is nearly 20 years old and has not kept pace with technological changes or public demands. This needed project will allow FWP to better manage its licenses and integrate other features like game harvest reporting in conjunction.

Sage-Grouse Conservation

SB 299 (Sen. Mike Lang, R-Malta) sets into state law conservation measures to conserve sage-grouse habitat, continuing the effort started in 2015 to prevent the species from declining and needing to be listed under the federal Endangered Species Act. It includes a provision to require no net loss of sage-grouse habitat. The bill puts many aspects of the statewide Sage-Grouse Conservation Plan into law, strengthening the plan for the future.

Aquatic Invasive Species

HB 411 (Rep. Willis Curdy, D-Missoula) funds the aquatic invasive species prevention program some boat fees and a fee on hydropower generators. The program that includes boat inspections throughout the state and an education campaign was up and running from the 2017 session.

Sportsmen-Landowner Relations

A pair of bills to continue to create incentives for landowners who open their land for public hunting passed this session, both carried by Rep. Denley Loge, R-St. Regis. HB 43 allows landowners who enter into access agreements with FWP to receive a free, non-transferrable elk license for every four public hunters they allow on their land. The license can only be used by immediate family or a full-time employee of the ranch.  In addition, HB 104 gives landowners who enter the Block Management program a free prerequisite license.

The Bad: Political Wildlife Management

Bills Defeated

The session saw several bills that would have politicized wildlife management and closed off public involvement.

HB 161 (Rep. Brad Tschida, R-Lolo) would have removed the requirement that the Fish and Wildlife Commission considers any public input and ignore FWP’s own social science in decision making. The bill was defeated by a strong grassroots voice from Montana hunters and from wildlife managers nationwide.

Two bills affecting bison passed this session but were vetoed by Gov. Bullock. They included HB 132 (Rep. Kenneth Holmlund, R-Miles City) which would have redefined all bison in the state as livestock and HB 332 (Rep. Joshua Kassmier, R-Ft. Benton) which would have given county commissioners a veto over professional wildlife management of bison.

MWF also worked to amend HB 497 (Rep. Wylie Galt, R-Martinsdale) to make it better. The bill would have allowed multiple cow elk B tags in districts with shoulder seasons. This would have written the shoulder seasons into state law and allowed for numerous elk per hunter. The bill was amended to give the Fish and Wildlife Commission the authority to issue one additional cow elk B tag where it deems appropriate.

HB 550 (Rep. Alan Redfield, R-Livingston) sought to redefine roads under the tax laws to remove routes that had been on them for decades. Gas tax maps are just part of the public record used to determine whether a road is a public road. The was defeated on the Senate floor 45-3 after strong opposition from hunters and public access advocates. It was supported by a handful of landowners from the east side of the Crazy Mountains.

Finally, MWF worked to amend SJ 6 (Sen. Mike Cuffe, R-Eureka). It called for the statewide removal of grizzly bears from the federal Endangered Species List, which ignored the Distinct Population Segments around the state and actually could have further delayed grizzly delisting. MWF worked with Cuffe to make the bill call for delisting in the two populations in the state that have met the criteria, and for the U.S. Fish and Wildlife Service to review and update its grizzly recovery plan.

The Ugly: Hard Fights Waged, But Unsuccessful

Several bills that had the potential to increase public access to public land failed this session, despite strong grassroots support from Montana hunters and anglers as well as support from county commissioners and county attorneys. MWF worked on these practical measures to increase public access to public lands, but they died due to backroom deals by special interests that oppose public access.

SB 224 (Sen. Tom Jacobson, D-Great Falls) would have increased the fine for illegally gating county roads to public land from the current $10 per day, to up to $500 per day. The bill was amended in committee and passed the Senate with strong bipartisan support. However, it died in the House Judiciary committee. The bill was opposed by the well-funded anti-access group the United Property Owners of Montana.

In addition, SB 301 (Sen. Jason Small, R-Busby) would have required county commission approval for anyone to put an encroachment on a county road. This would create transparency and trigger a public process. The bill passed the Senate but died in the House Judiciary committee.

As always, the 2019  Legislative Session demanded vigilance because of the large number of bills that were introduced on wildlife, hunting and fishing, and public access issues. But thanks to our dedicated, grassroots volunteers who spoke up and showed up, we did well to achieve some good outcomes. We also couldn’t have accomplished without the help we received from our conservation partner organizations through the many coalitions that MWF took part in. A broad, unified voice from advocates for wildlife, public lands, and our hunting and fishing heritage helped us stand up in the face of tough opposition. Our professional presence in the Capitol and credible expertise on wildlife issues helped build the bipartisan relationships that we needed to be successful. And none of it would have been possible without the support of thousands of MWF members who spoke up for wildlife, habitat, and access.

Draft Lewistown Resource Management Plan (RMP) Threatens Public Lands, Public Access

lewistown After years of waiting, the Bureau of Land Management has finally released a draft Lewistown Resource Management Plan (RMP). The BLM states that their preferred plan is one which “makes the most of resources that target social and economic outcomes” – but they mean opening up public lands to more oil and gas leasing, roadbuilding, and development,  instead of protecting wildlife habitat and public access. The new draft does not protect any roadless, backcountry lands, including Lands With Wilderness Characteristics, Areas of Critical Environmental Concern, or Backcountry Conservation Areas, which are essential to preserving the wildlife and the economy of this region.

Given the “Energy Dominance” mandate, the draft Lewistown plan prioritizes speculative leasing and development over all other uses of this public land. It threatens to permanently alter some of Montana’s wildest backcountry lands and richest wildlife habitats. Hunters, anglers, hikers, wildlife watchers, and everyone else who values Central Montana’s wildlife and outdoor heritage have the responsibility to speak up before the end of the comment period in August.

The public lands covered by the Lewistown RMP include crucial habitat that connects the Rocky Mountain Front to the Great Plains. With the new draft’s prioritization of oil and gas development, this habitat is going to be degraded and lost forever. Instead of drilling and roadbuilding, the plan should focus on keeping public lands intact for wildlife and people. Protecting habitat for elk, deer, pronghorn, and other wildlife will maintain world-renowned big game hunting — which also supports local communities across the region. In 2015, the hunting expenditures for elk alone in HD 410, 412, 417 and 426 totaled $3.8 million and gave a much-needed boost to the economy in counties within the Lewistown RMP range.

Protect these lands for future generations and speak up now.  Public comment on the Lewistown RMP Draft will be open until mid-August and we are urging all stewards of this landscape to get involved.

 

Time: A Social Construct and Potential Hurdle to Wildlife Conservation

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Photo by Janko Ferlic

We hear folks say all the time, “I have been doing it this way my whole life” or “it never used to be this way”. The concept of time, or rather the way humans perceive and remember the passage of time, is a fascinating sociological topic. People today can easily tell you what they remember the world was like for them when they were kids, or when their grandparents were growing up.

We recognize that a lot has changed for civilized humans in the last 150 years as technological development has allowed for human populations to continue to propagate. Rapid population growth has consequently shrunk our ability to share resources and enlarged our land use footprint. We have cell phones with satellite technology and computers that can do the work of a hundred people in a matter of seconds. We now see fifty years as only a halfway point in an average human lifespan, when a century ago many people would have been grateful to live to fifty. While most people are well aware that a lot of has changed in the last couple of centuries, it appears to be much more difficult to apply that awareness outside of our own memories.

Prior to European expansion onto the plains, grizzly bears, wolves, elk, bison, and many other species of wildlife roamed huge swaths of the North American continent. Over millions of years, these species evolved to live in the open prairies of North America, to find sustainability with each other and indigenous people for food, space, and survival. Then in a relatively short span of time, European settlers disrupted the equilibrium that had been in place for centuries. Westward settlement quickly upset the established balance and threw new weight into the mix. With time, knowledge and a steep learning curve, we are beginning to discover if it is possible to restore a balance or stability to North American ecosystems. This dynamic will never be the same as it once was, and people today contribute to the scales in ways we never had before. Does this mean that we will never be able to find a balance again?  Is there no longer enough room for bears, wolves, bison or elk in the world we now dominate?

Humans and wildlife can co-exist, and not only co-exist but that we can find a new paradigm that allows all wildlife to find their equilibrium again in our current ecological system. This will take some time, however in the grand scheme of things, very little time. Elk have already adapted to life as primarily a forest dwelling species. Similarly, grizzly bear and wolf populations in the lower 48 states have rebounded from almost non-existent numbers by taking re-establishing in remote forested landscapes. These mammals as species, and as individuals, continue to have their own steep learning curve to deal with, without having the benefit of remembering “how it used to be”, or a book to reference their previous history. They only have instinct and us to help guide them towards coexistence and thus survival. We as people have to remember that it took generations for them, and us, to evolve to the point we are at now.

We need to give wildlife a chance to adapt. The way it used to be for them, is not what we remember. In the progression of time, five, ten or even fifty years is not very long, but might be the time it takes for recovering species such as grizzly bears and wolves to find their place on the balance of scales that we have the power to manipulate.

By Sara Sylte

Sara Sylte works for the Wildlife Management Institute to support Montana Fish, Wildlife and Parks, the USDA Forest Services and US Fish and Wildlife Service efforts to conserve grizzly bears.

Legislature Wraps Up with Commission Appointments, AIS and More

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Photo by Greysen Johnson.

The 66th Montana Legislature adjourned this week and Montana’s hunters, anglers and wildlife enthusiasts have a lot of positive achievements that set up the next two years to be productive for wildlife and habitat.

This week saw Fish and Wildlife Commission appointments go through, as well as several major bills that benefit our habitat and fisheries get done in the final days. Here’s the rundown:

Sage Grouse Conservation Passes

The Senate gave final approval to SB 299 (Sen. Mike Lang, R-Malta) after a conference committee worked out differences with the House version of the bill. SB 299 as it passed requires a goal of no net loss of sage grouse habitat, with the goal of an increase in habitat. It codifies many aspects of the statewide sage grouse conservation plan. This bill was amended many times, but in its final form is a win for the conservation of sage grouse habitat in sagebrush-steppe areas. MWF is thankful to Sen. Lang for his willingness to work on this bill along with numerous partners.

Wildlife Location Data Bill, Resolution

The issue of how we use and protect specific wildlife location data was prominent this session, with a total of four different bills that addressed the issue. In the end, a bill to protect the data that Montana Fish, Wildlife and Parks biologists gather, SB 349 (Sen. Jill Cohenour, D-East Helena) passed the House this week and is heading to the governor. The bill makes it illegal to use specific wildlife location data from FWP to hunt or harass wildlife.

In addition, SJ 30 (Sen. Jill Cohenour, D-East Helena) calls for an interim study of how FWP handles it’s fish and wildlife location data. The study resolution sets up a thorough look at the issue by the Environmental Quality Council to make recommendations for legislation. Other states have given their wildlife agencies the ability to deny specific GPS wildlife location data to people, and it’s an issue worth looking at. The resolution passed the House on the final day of the session.

Aquatic Invasive Species Bill Passes

HB 411 (Rep. Willis Curdy, D-Missoula) funds the statewide Aquatic Invasive Species prevention program. In the last Legislative session, the program got up and running quickly and has been effective at doing boat inspections. The big question this session was how it would continue to be funded. HB 411 continues the fee on hydro-power generators, as well as fees on boats and on anglers. This bill is a win for all Montanans who share a common interest in keeping invasive mussels out of our waterways.

Commission Appointees

This week the Senate confirmed all four of the nominees for the Fish and Wildlife Commission. But it didn’t happen without some controversy.

The first resolution for confirmation, SR 28, was for Shane Colton of Billings and Tim Aldrich of Missoula. It passed out of the Senate Fish and Game committee unanimously and passed the Senate 47 to 3.

But the committee voted 7-3 on SR 48, to confirm Logan Brower of Scobey and Pat Byorth of Bozeman. Committee Chair Jennifer Fielder, R-Thompson Falls, expressed concerns of Brower’s support of mandatory trapper education, and Sen. Jason Ellsworth had issues with Byorth’s position with Montana Trout Unlimited, where he works as an attorney on water rights issues.

The Senate voted not to bring SR 48 forward, with Sen. Fred Thomas of Stevensville stating that the four-year term meant they will serve for the next governor, who should get to pick all five commissioners. But on the last day of the session in reconsidered. An amendment to strip Brower out failed and both were confirmed in a 31 to 19 vote. Both will serve until 2023.

Those are just the highlights from the last week in the session. MWF will be putting together a complete list of all the bills affecting wildlife, habitat, and access, as well as FWP’s budget, in the coming weeks. Look for it and other updates as a bunch of bills still await Gov. Bullock’s signature. You can still check the status of bills on our bill tracker on our homepage and continue to look for updates as we await the final resolution on all the bills.

Bill, Study Will Help Protect FWP Wildlife Location Data

ELK blog Montana’s longstanding tradition of fair-chase, ethical hunting had another boost this week as a pair of bills to address the issue of agency wildlife location data advanced.

SB 349 (Sen. Jill Cohenour, D-East Helena) passed the House and is heading to the governor for his signature. The bill makes it illegal to use Montana Fish, Wildlife and Parks wildlife location data to hunt or harass wildlife. It’s an important step because FWP biologists need to be able to collect specific data to understand wildlife’s use of habitat, migration routes and other steps. At the same time, hunters and others shouldn’t be able to use that data for a grossly unfair advantage, or to harass wildlife.

But the bill doesn’t give the agency any ability to deny that data to the public. Montana has strong public interest laws protecting the public’s right to public information. Yet other states have given their wildlife agencies the ability to deny some information. That’s where SJ 30 (Sen. Jill Cohenour, D-East Helena) comes in.

The resolution calls for an interim study to look at FWP wildlife location data, to help determine under what circumstances or whether the agency can deny someone that information. It’s an important step to take a solid look at this issue, and potentially come up with legislation if needed to bring a bill to give the agency the ability to protect some of its data.

MWF supported both of these bills as needed measures to keep Montana at the forefront of ethical, fair chase hunting.

Jeff Lukas – MWF Elk Campaign Manager

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.