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Montana Hunting and Conservation Groups Solidify Court Standing in Legal Defense of Elk Management

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Montana Hunting and Conservation Groups Solidify Court Standing in Legal Defense of Elk Management

District court judge grants coalition’s motion to intervene by demonstrating a ‘direct, substantial, legally protectable interest’ in suit brought by United Property Owners of Montana

MISSOULA, Mont. – A District Court judge has ruled that a coalition of Montana hunting and conservation groups can intervene in a lawsuit that attempts to upend game management in Montana.

Tenth Judicial District Court Judge Heather Perry granted the groups’ motion to intervene on Wednesday afternoon, acknowledging the coalition’s standing in the suit filed in May by the United Property Owners of Montana against Montana Fish, Wildlife and Parks and the Fish & Wildlife Commission.

Composed of Helena Hunters and Anglers, Hellgate Hunters and Anglers, Montana Backcountry Hunters & Anglers, Montana Bowhunters Association, Montana Wildlife Federation, Public Land Water Access Association and Skyline Sportsmen, the coalition called the lawsuit “an attack on wildlife management and Montana’s egalitarian hunting traditions” and filed the motion to intervene on behalf of FWP and the citizens of Montana.

The groups represent a broad array of interests and are committed to maintaining long-term, proven management that benefits all Montanans. All have a strong record of public participation in decisions affecting Montana’s natural resources and hunting heritage. Learn more at KeepElkPublic.org.

Conversely, UPOM is an organization with a history of opposing the great Montana tradition and law guaranteeing wildlife are equally owned by the public, not just the wealthy and well-connected. UPOM alleges in its suit that the public process for managing elk and setting hunting regulations in Montana is unconstitutional. It attempts to force FWP to act to reduce elk numbers in the state substantially by killing upwards of 50,000 animals and giving politicians and private landowners management authority of the public’s wildlife. Similar attempts by UPOM at the legislative and commission levels have been strenuously opposed and largely defeated.

Judge Perry ruled that the coalition has met criteria establishing its grounds for intervening: that the motion is timely, that it shows an interest in the subject matter of the suit, that it shows that protection of the interest may be impaired by the disposition of the action, and that the interest is not adequately represented by an existing party.

Coalition members voiced appreciation for the court recognizing their role in defending the public’s interest and vowed to keep fighting in the name of responsive wildlife management and public hunting opportunity. The groups look forward to making their case in front of the Court.

“Elk belong to the people of Montana,” said Steve Platt, president of Helena Hunters and Anglers. “We intend to keep it that way.”

“The abjectly partisan decisions of our elected officials – and their appointees – on elk management dictate that Montana hunters must now bear the responsibility of ensuring abundant, accessible elk populations on public land,” said Walker Conyngham, president of Hellgate Hunters & Anglers. “UPOM’s lawsuit threatens serious consequences for how we manage our elk and public hunting opportunities going forward. We welcome the opportunity to defend our state’s wildlife managers and our historic wildlife management principles against this troubling suit.”

“I am proud of the hard work we have done over the last year, engaging with the state, public hunters and landowners, in a sincere and transparent effort to solve these wildlife management issues,” said John Sullivan, chair of the Montana chapter of Backcountry Hunters & Anglers. “We are grateful the court has acknowledged the public’s role in wildlife management and allowed us to intervene on the public’s behalf. We look forward to making our case in front of the court and in the light of day for all to watch.”

“Montana Wildlife Federation appreciates that the court has recognized our standing as intervenors in this important case,” said Montana Wildlife Federation President and Board Chair Dr. Chris Servheen. “This case is about the public’s role in the management of elk and other wildlife in Montana. Elk are a public resource and should be managed using science in a fair and balanced public process. MWF is an organization made up of all kinds of Montanans, including hunters and landowners, so it makes sense for us to be involved. We look forward to working with our partner organizations in representing the interests of the public before the court in this important case.”

 

Contact: Katie McKalip, BHA, 406-240-9262, mckalip@backcountryhunters.org

Sonya Smith, MWF, 406-417-9909, sonya@mtwf.org

 

One Montana and The Master Hunter Program

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Montana Wildlife Federation is humbled to be able to share that an MWF Board Member and Artemis Sportswomen Co-Founder, Kathy Hadley, MWF Field Coordinator, Morgan Marks, and an MWF Ambassador and Founder of D.E.E.R Camp- MT, DeAnna Bublitz, all successfully completed the Master Hunter program through One Montana and are 2022 Master Hunter Program graduates.

If you’re not yet familiar with One Montana (1MT) and the Master Hunter Program, we think you should be. 1MT is an organization that is working to sustain a vibrant Montana by connecting people in both rural and urban communities, building relationships and aggregating expertise and resources. One of their programs is Common Ground and within that scope, is the Master Hunter Program which is a program that provides advanced hunter education to increase skills, competence, ethical behavior and knowledge of agriculture and stewardship.

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Photo taken by Morgan Marks, MWF Field Rep.; photo shows the Helena and Havre Master Hunter Program cohorts at their Rendezvous event for skill testing at the infamous Boone and Crockett Club’s Rasmuson Wildlife Conservation Center outside Dupuyer, Montana.

Creating a network of highly skilled, likeminded, ethical and safe hunters as well as hunters that are mindful of fostering and establishing positive relationships with private landowners is the goal. 1MT wants to see and support more knowledgeable hunter voices on issues affecting sportsmen and women. Tensions have been high between landowners and sportsmen and women and 1MT is working to foster and build trust and working relationships between both landowners and sportsmen and women. 

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Photo taken by Master Hunter, Dave McVeda of Great Falls; photo shows Bruce Rich, 1MT staff and instructor, explaining the tracking and trailing test to participants in the Master Hunter Program with the Rocky Mountain Front in the background.

“The Montana Master Program is a unique and rigorous course that includes classroom and online instruction, and fieldwork. The program offers skills mastery combined with conservation and stewardship education, and specialized ballistics and marksmanship training.  Instructors include ranchers, farmers, landowners, university faculty, professional shooting instructors, wildlife managers, wildlife biologists, first aid personnel, as well as backcountry survival and equipment experts.” – 1MT’s website.

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Photo taken by Master Hunter, Dave McVeda of Great Falls; photo shows Bruce Rich, 1MT staff and instructor, explaining the tracking and trailing test to participants in the Master Hunter Program.

Topics covered include the following hunter competences and critical areas of knowledge:

  • Conservation history and ethics
  • Wildlife biology and habitat
  • Farm and ranch management
  • Landowner/sportsmen relations
  • Hunting skills
  • Shooting competencies
  • Pre-hunt planning
  • After the kill

The program is thorough with two full weekends of learning curriculum, sharing in group activities, and skills being tested for competency for navigation, shooting, and tracking and trailing. 

And – the program is a lot of fun! With many opportunities for learning and growth, days spent outside testing your skills and throughout, meeting new people, the program is designed so that participants can build a network of fellow hunters who care about ethics and landowner relations. The goal is to create leaders and advocates in the hunting space and a network of individuals that share skills and an ethical mindset around hunting and landowner relations. 

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Photo taken by Bonny Richard with the Bureau of Land Management (BLM) in Lewistown; Photo is of participants in the Master Hunter Program, MWF staff, an NWF staff person, and BLM staff standing in front of their haul willows that had been cut for the implementation of beaver dam analogs.

Every Master Hunter must perform service work annually to maintain their certification with One Montana. The service projects allow hunters to cultivate and build relations with landowners, understand challenges landowners face, and expand their knowledge of conservation and stewardship, and wildlife management while giving back at the same time. 

Mark your calendars — applications for the Master Hunter Program 2023 will open in October 2022!



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Photo taken by Morgan Marks, MWF Field Representative; Photo is of participants in the Master Hunter Program during the trailing portion of testing having successfully tracked a deer.

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Photo taken by Blake Towarnicki; Photo is of participants in the Master Hunter Program during the trailing portion of testing having successfully tracked a deer.

By North-Central and Eastern Montana Field Representative Morgan Marks.

Becoming an Outdoors Woman (BOW) Camp

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BOW has become a staple in Montana and women from across the state come together to experience a weekend of learning and growth in a safe and fun environment. Montana Fish Wildlife & Parks hosts BOW and the purpose is to introduce “women to different outdoor skills such as fishing, hunting, shooting, archery, orienteering, camp cooking, kayaking, and much more. BOW provides participants with information, encouragement, and hands-on instruction.”

BOW is a fantastic opportunity for women to build strong outdoor skills, a solid foundation of ethics and learning, and to meet and connect with other women who are interested in the same things. Stay tuned for workshops happening throughout the year and for the announcement for open registration for BOW 2023.

shown is MWF Field Representative Morgan Marks helping a BOW participant with casting their fly rod.

MWF’s Field Representative, Morgan Marks, attended for the Friday afternoon session to support women in the Beginning Fly Fishing class with fly casting and learning the ins and outs about fly fishing. Morgan walked away impressed with the organization of BOW, the level of expertise of instructors and their extensive knowledge of their subjects, and the overall enthusiasm of everyone involved. Hopefully, next year, MWF can show up for the entirety of the BOW weekend event!

women walking across the Lubrecht campus where the BOW event was held this past August to attend their first learning workshop.
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A note from Jim Vashro, an annual instructor at BOW, and President of MWF’s affiliate, Flathead Wildlife:

 

The statewide Becoming an Outdoors-Woman (BOW) workshop was held over the weekend at Lubrecht Experimental Forest near Clearwater Junction. BOW is designed to introduce women to basic and intermediate skills in a variety of outdoor activities in a safe and supportive atmosphere. Women are under-represented in outdoor sports, BOW empowers women and breaks down barriers. The workshop ran from noon, Friday, 8/12 to noon, Sunday, 8/14.

Women had to choose 4 activities from basic gun handling, rifle or shotgun shooting, archery, bird ID, plant ID, kayaking, stand up paddleboards, wilderness survival, backpacking, On the Road (dealing with car breakdowns, etc.), canning, map and compass, beginning and intermediate fly fishing and fly fishing on the water.

MWF’s Morgan Marks was able to attend Friday afternoon and helped with knot tying and fly casting in Beginning Fly Fishing. Thanks to Morgan and I hope you can stay longer next time.

The women also participated in Bear Aware training, building a shelter and a fire with flint and steel in Wilderness Survival, Chris Dover and Chipper gave a presentation on K-9 search and rescue and found one of the “lost” women, you’ll see one of five on-the-water fly fishing crews and a big smile for first fish on a fly. Fun activities included making paracord bracelets, fish tattoos and making earrings out of fish spinner parts. Lots of smiles, lots of plans to link up in their own communities for outdoor activities.



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Pictures taken by Jim Vashro and Morgan Marks; shown are activities BOW participants are learning, such as casting a fly rod, archery, being bear aware and learning how to spray bear spray, fire starting, tying knots for fly fishing, catching a fish on a dry fly, and firearm handling and shooting.

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shown is MWF Field Representative Morgan Marks helping a BOW participant with casting their fly rod.

Montanans Intervene in Lawsuit Attacking State Management of Elk

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Montanans Intervene in Lawsuit Attacking State Management of Elk

The coalition of state-based groups decries suit by property owners’ association as attempt to upend Montana’s game management, reduce public hunting opportunity

HELENA, Mont. – A coalition of Montana hunting and conservation groups has taken formal action to oppose the lawsuit filed in May by the United Property Owners of Montana against Montana Fish, Wildlife and Parks and the Fish & Wildlife Commission, calling it “an attack on wildlife management and Montana’s egalitarian hunting traditions.”

Composed of Helena Hunters and Anglers, Hellgate Hunters and Anglers, Montana Backcountry Hunters & Anglers, Montana Bowhunters Association, Montana Wildlife Federation, Public Land Water Access Association and Skyline Sportsmen, the coalition filed a motion to intervene on behalf of FWP and the citizens of Montana. The groups represent a broad array of interests and are committed to maintaining long-term, proven management that benefits all Montanans, not just a privileged few. All have a strong record of public participation in decisions affecting Montana’s natural resources and hunting heritage.

UPOM, an organization of out-of-state and resident landowners with a history of opposing the concept that public wildlife are owned by the public in Montana, alleges in its suit that the public process for managing elk and setting hunting regulations in Montana is unconstitutional. It attempts to force FWP to act to reduce elk numbers in the state substantially – by upwards of 50,000 animals – and giving landowners authority over management practices of elk on their properties, including opportunities to sell elk tags to the highest bidder. Similar attempts by UPOM at the legislative and commission levels have been loudly opposed and soundly defeated.

“Elk are a cornerstone of Montana hunting traditions,” said Steve Platt, president of Helena Hunters and Anglers. “UPOM and its billionaire backers are trying to privatize our public elk herds for their own gain. The citizens of Montana will not let them get away with this!”

“Hellgate Hunters & Anglers is proud to join in standing up for Montana’s elk and our time-honored, science-based wildlife management practices,” said Walker Conyngham, president of Hellgate Hunters & Anglers. “Montana hunters across the state look to the department and our wildlife managers for responsible, equitable management of our big game species. We’re stepping up to protect those men and women, Montana hunters, and our elk herds from this reckless, misguided attempt to fundamentally change elk management in our state.”

“The United Property Owners of Montana would like to upend Montana’s well-established wildlife management model, as well as Montana’s public hunting traditions,” said John Sullivan, chair of Montana Backcountry Hunters & Anglers. “Regardless of our political affiliations, economic backgrounds and other views, we all have a stake in opposing this lawsuit and supporting responsive, state-based management of Montana game populations. The Montana chapter of Backcountry Hunters & Anglers is proud to stand shoulder to shoulder with other groups who are taking action to defend elk management, as well as public hunting opportunity, in Montana.”

“We will not stand by and allow the United Property Owners of Montana to strongarm the state of Montana,” said Ken Schultz, president of the Montana Bowhunters Association. “We will stand strong along with several other groups in Montana who are stepping up to support the FWP and the state in this battle and in their efforts to manage elk populations in Montana.

“All the years of hard work by past and current state employees – and the committees that have spent hours of volunteer time to come up with a solid plan to manage the elk populations – would be for naught if UPOM succeeded in making this a ‘pay to play’ state,” Schultz continued. “This would change elk hunting for generations to come. This just can’t happen! We must unite and fight back with our fellow hunting partners in Montana.”

“The public season setting process has been used for decades,” said Chris Servheen, board chair, Montana Wildlife Federation. “To suddenly try to throw out years of hard work and wisdom from scientists, agency professionals, duly appointed fish and wildlife commissioners, and engaged citizens is simply wrong. What this lawsuit seeks to do is what UPOM has failed to do at the legislature: turn elk hunting into a rich man’s game in Montana. UPOM couldn’t get its way in the legislature or the commission, and now instead of talking with those they disagree with, they filed a lawsuit.

“Elk in Montana belong to the public, not to wealthy special interests,” Servheen continued. “Generations of public hunters have stood up for science-based elk management, and the Montana Wildlife Federation is proud to stand with our partners to fight to keep elk public for public hunters.”

“PLWA values, recognizes, and appreciates the contributions private lands and landowners continue to make to ensure Montana is home to robust, viable, and huntable populations of elk and other wildlife statewide,” said Drewry Hanes, executive director of Public Land Water Access Association. “Central to this is the legal and social construct of elk and other wildlife to be held in the public trust for the benefit of all – elk are not to be owned and sold by private interests. The UPOM lawsuit challenges this very essence and what has served Montana well for more than 100 years. We believe in and uphold the principles of public participation, science-based management, equity in opportunity, and the duty to hold our elected and appointed officials responsible and accountable.”

Learn more on the coalition website.

Contact: Katie McKalip, BHA, 406-240-9262, mckalip@backcountryhunters.org             

Sonya Smith, MWF, 406-417-9909, sonya@mtwf.org

Update from the Field: WMAs and an Interview with MTFWP

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It’s starting to feel like spring, and for many folks, including me, that means that the birds are starting to come back to Montana! Montana Fish, Wildlife and Parks (MTFWP) Freezout Wildlife Management Area (WMA), located near Choteau, Montana, is known as a bird watching mecca. When I started to think about WMAs, I started to think about wildlife habitat and resources across the state to sustain these populations of birds and so many other critters. There are many changes happening within Montana Fish, Wildlife & Parks (MTFWP), and MWF thinks it’s important that folks understand when things change within departments and remain aware of how the changes could impact wildlife.

With many thanks to Hope Stockwell, Parks and Outdoor Recreation Division Administrator, and Greg Lemon, Communication and Education Division Administrator, we were able to better understand some of the changes that pertain to Wildlife Management Areas otherwise known as WMAs.                         

WMAs were created as intentional spaces for the resource management of habitat to support wildlife especially in wintertime when resources may be more limited. For example, barley and grasses are specifically planted and grown as winter forage for wildlife so they have a winter range with plenty of food to eat to sustain themselves. Elk, countless bird species, deer, and many others rely on the 68 WMAs and 15 WHPAs (Wildlife Habitat Protection Areas) to survive Montana’s tough and gnarly winters. Across all WMAs, they encompass a total of 453,000 acres of land, and WHPAs total 1,011 acres throughout Montana.

Copied from MTFWP’s website, WMAs “are managed with wildlife and wildlife habitat conservation as the priority. WMAs protect important wildlife habitat that might otherwise disappear from the Montana landscape. Wildlife Habitat Protection Areas (WHPAs) are also managed as wildlife habitat, but are typically smaller properties that require little management, including islands and small isolated land parcels. All of these wildlife properties provide vital habitat for a variety of wildlife including bear, bighorn sheep, birds, deer, elk, furbearers, moose, mountain goats, wolves and an array of other game and nongame species.” Lemon said that, “we don’t have visitor count information but indications are that visitor use has increased substantially in recent years,” and “ an overarching policy is to manage these lands in a manner that makes for good relationships with neighboring landowners.”

Imagine from Steve Fullertons article about Freezeout Lake a WMA in Region 4

Imagine from Steve Fullerton’s article about Freezeout Lake, a WMA in Region 4.

Under MTFWP’s recent reorganization, maintenance of and recreation management on WMAs will be administered by the Parks and Outdoor Recreation Division and informed by the Wildlife Division. Consolidated teams are assigned in geographic units to maintain all the agency’s site types in a given area (including WMAs, fishing access sites, and state parks). That means a team might conduct repairs at a state park campground one day and fix fences at a WMA the next. There are 686 miles of boundary fence across the state on all WMAs.

When asked about weed management across WMAs and strategy, Lemon shared “see here for the latest FWP weed management accomplishment report (2021) and statewide weed management plan. The management priorities and associated strategies identified in the plan (page 4-4 thru 4-11) would remain in place.”

If resources are consolidated with the intent to bring more resources to bear across site types, will as much attention be focused on the intentional conservation of such spaces and managing resources for good habitat for wildlife?

According to Stockwell, the answer is a resounding yes. Efficiency is the main priority, and thus, that intent has dictated the trajectory of the reorganization within MTFWP. Maintenance needs haven’t changed, and maintenance has to occur across all sites. Stockwell shared that she hopes “the transition is seamless.”

Specific wildlife habitat functions are the responsibility of the wildlife division. Regardless of the site type, recreational opportunities are going to be balanced with both habitat and resource needs. 

As an example, at WMAs where dispersed camping has increased and resource impacts are observed, MTFWP will consider designating camping areas to help preserve the WMA for its original purpose of protecting habitat. There may be other opportunities for such changes, like at Freezeout Lake where improvements to trails or interpretative materials could better direct crowds while enhancing the visitor experience and ultimately protecting the resource. 

Similar work can be done across other locations with the same goals so that planning is done in a holistic process with planning for recreation and management of the resource and habitat for wildlife. On many of these sites and projects, MTFWP allows for extensive public input, so please sign up for emails and stay up to date on changes because your voice matters. From meetings, to scoping processes, the public is asked to weigh in. Of course, it’s important to be mindful that every project and site is situational.

A bit more about the changes within MTFWP, and specifically to the Parks and Outdoor Recreation Division that Stockwell oversees, is addressing the actual changes within MTFWP and each division. The new division is responsible for recreation management, maintenance, and commercial and special use permits at state parks, fishing access sites, and wildlife management areas as well as river recreation, private land hunting and fishing access programs (including Block Management), trail planning/coordination, four trail grant programs, the state shooting range grant program, and the federal shooting range development program. The division also has robust AmeriCorps and volunteer programs. The final structure of the division is still being finalized but two bureaus have been established thus far:

Access and Landowner Relations Bureau, including:

  • Private land fishing, hunting, and recreational access programs
  • Trail planning and coordination
  • Existing trail grant programs inclusive of motorized and non-motorized
  • Shooting range development and grant programs

Stewardship Bureau, including:

  • Maintenance
  • Capital projects
  • Acquisition
  • Infrastructure and asset management
  • Heritage and cultural resources

Attention is shifting within each bureau to identify pinch points in efficiency and MTFWP is working to have a holistic programming structure without silos, focused on efficiency. There are still questions to be answered and solutions that need to be decided upon, but the above breakdown of information is what MWF received directly from MTFWP with the most recent organizational changes within MTFWP.

Please reach out to Morgan Marks at morgan@mtwf.org to respond, ask questions, learn more, and get in touch!

This blog was edited by Hope Stockwell and Greg Lemon; the blog was written and finalized by Morgan Marks.

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.