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.
The Montana Senate this week passed the bill that would severely damage Habitat Montana despite strong opposition from hunters, anglers and recreational users.
In addition, a good bill to address the issue of illegal gates on county roads was killed by the Legislature this week. Those key highlights mark the past week as we are very close to the end of the 2019 session.
Here are the highlights:
Attack on Habitat Montana Passes
HB 265 (Rep. Kerry White, R-Bozeman) would require state Land Board approval for conservation easements under the Habitat Montana program. This issue arose last year when the Land Board indefinitely delayed the Horse Creek Complex conservation easement near Wibaux for no valid reason. The project would have permanently opened 20,000 acres of excellent habitat to public hunting and helped secure the future of a ranching family. After Gov. Bullock approved the easement and had the authority of the governor to do so challenged, the state Supreme Court ruled that Land Board approval isn’t required of conservation easements.
MWF and our conservation partners made our opposition to this bill clear. We want to keep the certainty for landowners to begin negotiations with Montana FWP on easement projects. MWF and the Montana Sporting Coalition will be asking Bullock to veto this bad bill for landowners, wildlife and hunters.
Road Fine Bill Rejected by House
A bill that would have addressed the difficult issue of illegal gates on county roads that lead to public land was killed by the House this week.
SB 224 (Sen. Tom Jacobson, D-Great Falls) would have increased the fine for gating a county road from the current $10 per day to up to $80 per day, with no minimum fine. The bill was originally written to be a fine of up to $500 per day but was amended in the Senate to up to $80. That made it an inflationary adjustment from when the fine was passed more than 50 years ago.
But the bill died in the House Judiciary committee. And this week it was killed on the House floor in a blast vote to bring it back alive in a 55-42 vote. The bill had support from the Montana Association of Counties, county attorneys and sportsmen and sportswomen, and opposition only from the anti-access United Property Owners of Montana and the Rocky Mountain Stockgrowers Association. We’re disappointed this common-sense measure to improve access was killed by legislators.
Fair Chase Bills Die
Two bills to protect specific wildlife location data and uphold Montana’s fair chase hunting ethic were killed this week in the House FWP committee.
SB 127 (Sen. Jill Cohenour, D-East Helena) would have made it illegal to sell specific wildlife location data. It’s a trend we’ve seen in other states and want to get ahead of. The bill had passed the Senate and had broad support from Montana hunters and anglers. But the committee killed the bill, and only gave vague reasons for doing so.
In addition, SB 349 (Sen. Jill Cohenour, D-East Helena) would have made it illegal to use specific wildlife location data from Montana FWP to hunt or harass wildlife. The bill would continue to allow FWP to do needed research on big game, birds and fish, and maintain the public’s right to public information, but also prevent the abuse of that data. It had also passed the Senate but died in the House FWP committee.
MWF and our conservation partners had supported both bills. We are disappointed the Legislature didn’t stand with us and continue to put Montana in a leadership role in hunting ethics.
Parks, Trails Bill Keeps Moving
On a positive note, the bill to increase funding for state parks, trails and recreation is still moving ahead. SB 24 (Sen. Terry Gauthier, R-Helena) would increase the optional fee on light motor vehicles from the current $6 per year to $9. The funding would be used for our state parks and trails to increase recreational opportunities. The bill has broad support from conservation, community, and other interests. It passed the House on second reading this week 65 to 35. It now goes to the House Appropriations committee before being sent back to the House for third and final reading.
Public Access Land Network Bill Advances
The Public Access Land network bill, or PAL, would provide funding to work with landowners to purchase easements to landlocked public lands through negotiated agreements. SB 341 (Sen. Mark Blasdel, R-Kalispell) brought together a broad array of sportsmen interests to build the program. It has been reviewed by FWP and would not detract from existing access programs including Block Management and Habitat Montana, but rather is meant as another tool to increase the public’s access to landlocked public lands.
The bill passed the House on second reading this week 93 to 7. It will now go to the Appropriations committee before it goes for third and final reading.
That’s a review of the major bills from the past week. MWF staff, our lobbyist and our volunteers remained engaged and are working to ensure that wildlife, habitat, and access are protected as we approach the end of the session. You can get a complete review of the dozens of bills on our issues by going to our Bill Tracker.
Photo by Kendall Flint, President, Glacier-Two Medicine AllianceThe fight to permanently protect the Badger-Two Medicine experienced a bump in the road last week when the Department of the Interior (DOI) chose to abandon the appeal of the Moncrief lease, once again leaving the door open for develope in this sacred landscape and reminding us of the need to place the Badger-Two Medicine under permanent protection from industrial development. For decades, the Blackfeet Tribe, MWF, and a multitude of other supporters have advocated for permanent protection in this final piece of the Rocky Mountain Front. The pristine nature of the Badger-Two Medicine is still under threat due to the presence of two remaining leases, the Moncrief and Solenex leases. These leases were granted illegally and have been hotly contested for decades as the Blackfeet, with the support of various advocates, have sought to save their scared homeland.While the DOI’s decision on the Moncrief appeal is concerning, advocates for the Badger-Two Medicine were encouraged by the DOI’s decision to appeal the Solenex leases. This was a much-welcomed victory for this embattled Badger and although there is still much to do, the growing bipartisan support for protection gives hope to those that love this hallowed ground.The Badger-Two Medicine is a place that holds historical, cultural, ecological, and religious significance to the people of the Blackfeet Nation and many other Montanans. Just as one would not bring a jackhammer in the Sistine Chapel, MWF reaffirms our commitment to ensuring that oil rigs will never be brought into the Badger-Two Medicine.
The MWF staff, lobbyist and our volunteers were on hand as we have been every week this session to show where Montana’s hunters, anglers and outdoors enthusiasts stand on these key issues. Here’s the rundown for the week:
Habitat Montana Bill
HB 265 (Revise laws related to approval of FWP conservation easements, Rep. Kerry White, R-Bozeman) passed out of the Senate Fish and Game committee this week in a 6-4 vote. This came despite dozens of comments from members of several sporting organizations letting the committee know that Montana’s sportsmen and sportswomen strongly oppose the bill. It would require state Land Board approval for conservation easements under Habitat Montana, an issue that was settled last year by the state Supreme Court.
We saw last year the uncertainty and arbitrary nature of this process and the severe chilling effect it would put on farm and ranch families who want to work with FWP. We will be working in the next few days to let the full Senate know that this bill is bad for Montana’s landowners, hunters, anglers and for our wildlife and sporting opportunity.
Elk Shoulder Season Resolution
The Senate Fish and Game committee also passed out HJ 18 (Resolution urging enhancement of elk management/shoulder seasons, Rep. Wylie Galt, R-Martinsdale). This resolution, while it has been improved, calls for six months of elk hunting and extending the shoulder seasons from Aug. 15 to Feb. 15 onto public lands. That was not the intent of shoulder seasons. MWF opposes the resolution and testified along with several conservation partners against it in the committee, but it passed out in a 6-4 vote. We will continue to oppose this resolution that divides landowners and sportsmen and have let the full Senate where Montana’s hunters stand on this bad resolution.
Agency Wildlife Data Protection
On a positive note, the Senate Fish and Game committee heard SB 247 (Protect fish and wildlife information from misuse, Sen. Jill Cohenour, D-East Helena) and passed an amended version of it to the full Senate, where it also passed. The bill makes it illegal for people to use specific FWP data on individual animals to hunt or harass wildlife. It’s an important bill to maintain our fair chase hunting tradition while still allowing FWP to conduct needed research.
Proof of Game Animal Bill
A bill to clean up the state law on how animals must be brought out to prove their sex, SB 333 (Sen. Jill Cohenour, D-East Helena) passed out of the Senate Fish and Game committee. The law has been poorly worded and needed changes. This bill would remove the requirement for either-sex licenses, and make it easier for hunters to comply with the law for others by changing the requirements when an animal’s sex must be determined. It passed the full Senate on second reading.
Road Access
The bill to require county commissions to give the approval to gate a road under their jurisdiction, SB 301 (Sen. Jason Small, R-Busby) was heard in the House Judiciary Committee this week. Counties have the authority to allow encroachments on county roads, but this bill would make a person wanting to block a road to first go to the commission. That would trigger a public process with input on why a road can be encroached upon, and state law doesn’t allow roads to be abandoned unless there is other adequate public access to public lands they reach. MWF supported the bill to add transparency to road disputes.
Wolf Donation Bill
HB 291 (Create a voluntary account to wolf mitigation, Rep. Becky Beard, R-Elliston) would create a permanent fund at Montana FWP to allow hunters to donate to U.S. Department of Agriculture’s Wildlife Services. MWF opposed the bill because most of the voluntary programs at FWP do not raise much money, and can end up costing the agency with administrative costs. MWF asked for a sunset to give the program a chance, similar to many of our popular conservation programs. The bill passed the Senate Fish and Game committee and is going to the full Senate.
State Parks Funding
The second bill that would have severely cut into the State Parks program’s budget died this week. SB 242 (Create state park decal, Sen. Roger Webb, R-Billings) would have eliminated the voluntary $6 per year vehicle registration fee for an optional $35 per year decal for entrance to state parks. It would have cost the state parks an estimated $3 million per year and forced it to close parks or start charging entrance fees. The bill died in the Senate Fish and Game committee unanimously.
FWP Budget Moving
The main operating budget for the state, HB 2, was heard this week in the Senate Finance and Claims Committee. FWP’s budget has thus far come out in good shape, with needed equipment and personnel to properly manage our fish, wildlife and parks resources. MWF has been monitoring the budget throughout the process and will continue to do so as we move into the final month of the session.
That’s a quick rundown of the main bills in the session. Our complete Bill Tracker is available with real-time updates on our homepage, and remember it’s not too late to join our Legislative Action Team as we head into the homestretch of the Legislature. Our volunteers and staff will ensure that we come out of the session with good policy for our wildlife, habitat, and access.
Nick Gevock
Conservation Director
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.
