Capitol Wildlife Report: Things Pick Up at Legislature

ElkCapitol

Wildlife and hunting bills picked up sharply in the second week of the 2017 Legislature. Last week the Montana Wildlife Federation testified on more than half a dozen bills that affect our public wildlife, fishing regulations, and hunting rules.

Shooting from a vehicle

Among the bills last week were SB 91, sponsored by Sen. Jed Hinkle, R-Bozeman. This bill would change state law in how we enforce a ban on hunting from a vehicle. One change – clarifying that spotting game from a vehicle, was supported by MWF. However, MWF did not support other provisions of the bill, because it could potentially erode our decades old fair chase hunting heritage that discourages road hunting. Montana Fish, Wildlife and Parks testified that last year there were only six violations statewide, so there is no need for the bill.

Funding changes

Another bill that we opposed was HB 164, which redirected funding from the base hunting license every hunter must purchase to go into the hunter access program, and away from the general license account for operations. MWF supports hunter access, however, the bill, sponsored by Rep. Kelly Flynn, R-Townsend, would cost FWP roughly $500,000 for operations. We are working with the sponsor to make some changes that would be acceptable. MWF worked hard last session to revamp our license system and we want to keep those changes in place.

MWF did come in to support HB 97, sponsored by Rep. Denley Loge, R-St. Regis. This bill would increase the cap on block management payments available to a landowner from the current $12,000 to $15,000. The bill came out of the Private Land/Public Wildlife (PLPW) Council. MWF supports giving landowners a raise for public hunting access.

Livestock loss payments

MWF helped build support for SB 73, sponsored by Sen. Pat Connell, R-Hamilton. This renewal of the Livestock Loss compensation program is needed, and the bill includes funding for prevention work to keep grizzly bears and wolves from attacking livestock. These programs include range riders, fencing of attractants and livestock carcass removal programs that have been very effective at heading off problems. They help build support and tolerance for grizzlies and wolves, and are key to allowing these native predators to live in suitable habitat around the state.

Landowner licenses for access agreements

MWF also supported another PLPW bill, HB 96, sponsored by Rep. Zach Brown, D-Bozeman. This bill would give a non-transferrable license and/or permit to a landowner, including nonresidents, for every four public hunters allowed on their property under a contract with FWP. The landowner license could go to immediate family members or a full-time employee of the landowner, and not sold or transferred. Such programs are controversial, but Montana has already had the program for resident landowners and had only two participate. MWF supported a review of any agreements to determine how it’s working.

Barbless hooks, bighorns and more

Other bills last week included:

  • A measure allowing FWP to designate certain waters as catch and release, and require barbless hooks (SB 84. We opposed this bill cause FWP already has such authority.
  • A bill allowing hunters who kill a lamb or juvenile ram on special management bighorn hunts to apply for a license immediately, rather than wait seven years (HB 128), which MWF supported.
  • A bill to clarify that the spouse of a military member who is a Montana resident and stationed out of state qualifies as a resident(HB 150), which MWF supported.
  • A bill that allows a nonprofit organization to serve wild game in hot meals (HB 166). W supported the bill because it is well written to ensure it doesn’t promote commercialization of wildlife and will be beneficial to the less fortunate.

In addition, MWF spoke in support of the funding for the Department of Natural Resources and Conservation, and in particular continuation of the sage-grouse conservation program. This program has helped conserve habitat in key sagebrush-steppe habitats to keep the bird from being listed on the Endangered Species Act list. It benefits numerous other species, including mule deer, antelope and songbirds.

Looking ahead

This week will be a busy one again, although the Senate Fish and Game committee does not have meetings scheduled. We will face a shooting range funding bill (HB 151) which would be a diversion of Pittman-Robertson federal funds. While we support shooting range development, the bill could cost FWP $18 million intended for wildlife conservation. Several other bills may receive a hearing as the week goes on.

Keep watching the MWF billtracker for details, or contact Nick Gevock on the MWF staff at ngevock@mtwf.org.

Major Victory in the Badger-Two Medicine

two-medicine-river_gene-sentz

The fight isn’t over, but a major battle has been won in permanently protecting the tremendous wildlife, and public hunting and fishing within the Badger-Two Medicine area on the Helena-Lewis and Clark National Forest, between Glacier National Park and the Blackfeet Nation. On Tuesday, January 2, 2017, the U.S. Department of Interior retired the last two remaining gas and oil leases in the Badger-Two Medicine Area – the last two of many leases issued 35 years ago.

Some places are too wild, too special, to develop and drill; the Badger-Two Medicine area is one of those places. For more than 35 years a unique coalition of hunters, anglers, tribal leaders, county commissioners, ranchers, outfitters, local businessmen and even several gas and oil companies have worked cooperatively to protect the abundance and diversity of wildlife and habitat within the Badger-Two, along with the hunting and fishing opportunities they provide. Today marks a major victory in that effort.

The clean, clear waters within the Badger-Two Medicine Area sustain some of the last strongholds for threatened Westslope cutthroat trout, as well as healthy populations of elk, mule deer, bighorn sheep, mountain goats, grizzly bears and other wildlife. The area also provides some of the best backcountry hunting and angling in Montana. The hunters and anglers of the Montana Wildlife Federation have worked with the Glacier-Two Medicine Alliance, the Montana Wilderness Association, the Blackfeet Nation and others in a locally-led, grassroots efforts to protect the Badger-Two.

There is one energy company challenging the legality of the canceled leases, so the fight isn’t over – but it’s a major victory for those of us who hunt, fish and cherish the wildlife and wild places of Montana.

David Stalling is Montana Wildlife Federation’s western field rep. You can reach him at dstalling@mtwf.org

Capitol Wildlife Report:

Montana Capitol

We’re off and running at the 2017 Legislature, with several bill hearings last week that affected wildlife and habitat.

LEGISLATURE KICKS OFF WITH SOME “CLEAN UP” BILLS

Last week was taken up mostly by clean up bills proposed by Fish, Wildlife and Parks (FWP). They included removing the ambiguous term “civet cats” from state law as a predatory animal. There were also bills affecting private fish pond stocking, a bill to continue to allow limited bison permits for Native American tribes, and a bill to allow a pilot program for electronic hunting tags for big game, and a bill to clarify eligible uses of livestock loss prevention funds. MWF staff testified on all of these bills.

PROACTIVE MEASURE OFFERED ON ENDANGERED SPECIES/LIVESTOCK LOSS

This week we have the main bill to address livestock loss prevention, SB 73, sponsored by Sen. Pat Connell, R-Hamilton. The bill would lift the sunset on the livestock loss program and continue to allow funding to be used for prevention work. This important program helps with programs such as livestock carcass removal, fencing of attractants and range riders to prevent conflicts with grizzly bears and wolves. It is tangible, on-the-ground conservation that benefits wildlife and people, and it brings together livestock producers and conservationists. MWF strongly supports these proactive measures and will be there to support the bill.

DRAFTS OFFERED ON PUBLIC LAND TAKEOVER

Bill drafts have been requested on several proposals that appear to promote the idea of a state takeover of federal lands. Although specific bill language is not yet available, MWF is monitoring the issue closely. We are also working with a coalition of conservation and outdoor groups to plan a Rally on January 30 in support of public lands. Mark your calendars and watch for more information.

SEVERAL MORE WILDLIFE BILLS ON THE HORIZON

On Tuesday, the House Fish, Wildlife, and Parks Committee will hear HB 96, sponsored by Rep. Zach Brown, D-Bozeman. This bill would extend to nonresident landowners a program that provides resident landowners with one non-transferable permit for immediate family or designee in return for allowing public hunters chosen by FWP. This bill was promoted by the collaborative Private Land/Public Wildlife Committee.

Other bills for the week include HB 150, sponsored by Kerry White, R-Bozeman, which would clarify the residency requirement for armed forces members; HB 164, Kelly Flynn, R-Townsend, which would revise the distribution of base hunting license funds; HB 157, Forrest Mandeville, which would remove the restriction on owning domestically bred foxes; HB 128, Ray Shaw, R-Sheridan, revising the waiting period for bighorn sheep licenses; and HB 97, Denley Loge, R-St. Regis, which would increase the payment cap for Block Management participants.

MWF’s position on key bills is determined by our Legislative Committee, a group of volunteers which meets every Monday night. For more information on any issues or to provide your feedback on specific proposals, contact Nick Gevock at ngevock@mtwf.org or 406-458-0227 ex 108.

For live updates on the current status of any bill, visit the MWF Bill Tracker at montanawildlife.org/billtracker.

Nick Gevock is Montana Wildlife Federation’s Conservation Director. You can reach him at ngevock@mtwf.org.

Plight of the Bighorns

Bighorn Sheep
Bighorn Sheep. Photo credit: David Stalling.

Back in October I took a break from elk hunting to photograph bighorn sheep at the National Bison Range in Moiese. I was surprised how close one ram let me get, and then I noticed something was wrong. Several times he dropped his head to the ground and struggled to lift it back up. The weight of his heavy horns, he long proudly carried, had apparently become too burdensome. He was dying. I returned the next day and found his body.

After posting a photo of the ram on Facebook, and speculating about his death, my friend Stacy Courville, a wildlife biologist with the Confederated Salish and Kootenai Tribe, said the sheep most likely died from pneumonia, which had recently infected the Bison Range. So I talked to Jeff King, the U.S. Fish and Wildlife Service manager who oversees the range. Courville was correct: A bacteria called Mycoplasma ovipheumonia had infected the bighorn populations, causing pneumonia. More than 35 wild sheep had died in just a few months. King and others suspect that the bacteria was transferred to the wild herd from a domestic sheep herd about a mile west of the range.

Once the bacteria infects a herd of wild sheep, it can be devastating, and not much can be done.

“Mycoplasma ovipheumonia has no cell wall, so antibiotics do not work on it,” says Mark Penninger, an Oregon-based wildlife biologist who heads up the bighorn sheep program for the U.S. Forest Service. “It is carried with no ill effects by many domestic sheep and goats, but is deadly to wild sheep. Our wild sheep have not evolved with this pathogen. It can sometimes kill wild sheep by itself, but is often a precursor that compromises the respiratory system’s ability to move things, such as bacteria and viruses, out with mucous. Then the sheep die when their body responds by producing more mucous, which results in pneumonia. It is quite the dilemma when trying to protect and restore bighorn populations.”

When a bighorn sheep population is initially infected, often as many as a third, and sometimes up to 90%, of the herd may die from pneumonia. Most survivors are apparently immune, but their lambs are not and usually die before weaning. In some populations, annual pneumonia outbreaks in lambs continue for decades after the initial infection, which prevents the population from bouncing back. In other populations, lamb survival returns to normal relatively quickly. Why some populations recover and others do not is one of the most important questions scientists are trying to answer. Some researchers hope that wild sheep herds could eventually develop an immunity.

But in the meantime, bighorns are being infected and dying throughout their range.

More than 90 bighorns recently died of pneumonia near Plains, and another 39 died near Gardiner. “We’re losing hundreds of wild sheep to this disease every year and it is decimating herds across the west,” said Kyle Meintzer, director of the Wild Sheep Foundation (WSF) based in Bozeman. “For example, in 2013, 400 wild sheep in California were lost, and that’s 80 per cent of what was the largest herd in the state. Wildlife managers were forced to sacrifice the herd in the Tendoy Mountains in Montana due to recurring pneumonia and low lamb survival. Wildlife managers, with the help of hunters, will remove 100 per cent of the herd and later will repopulate the herd with healthy bighorns.”

Unfortunately, killing wild sheep because of suspicion of exposure is the prudent thing to do in many cases, according to Mark Penninger. “A wandering wild sheep can cover a lot of miles and return to its herd with death in its breath. Killing one sheep could prevent the loss of an entire herd. Capturing and testing is rarely practical due to urgency and terrain.”

Although scientists don’t know exactly how the disease is transmitted, what factors contribute to transmission and whether transmission of other bacteria, even among wild sheep alone, contributes to the bighorn die-offs, mounting evidence suggests that domestic sheep are a major vector. A 2008 study by Colorado Division of Wildlife scientists showed that a single domestic sheep that wandered onto bighorn winter range caused a die-off of more than 86 bighorns from 1997 to 2000.
What can be done? The most viable – yet controversial – proposals involve separating wild and domestic sheep by large distances to prevent contact. “The science is clear that domestic and wild sheep can’t live together,” says Kevin Hurley, Conservation Director for WSF.

In the Salmon River country of Idaho, where 76-percent of the bighorn populations was lost to pneumonia, legal battles ensued between sheep herders, conservationists and the U.S. Forest Service when the Payette National Forest decided to keep domestic sheep off grazing leases within bighorn sheep range. In 2008, a U.S. District Judge ruled in favor of the decision. But leaders of hunter-conservation organizations, and wildlife biologists and mangers with state and federal agencies, would prefer to work with the sheep ranching industry to find viable solutions rather than fight things out in court.

The WSF recently met with members of Congress and federal wildlife agencies on solutions to create safe zones against deadly pneumonia bacteria and viruses that are infecting wild sheep herds in the U.S. “Having a disease-free zone around the new herd is necessary to prevent new infection and assure the success of restoration,” says Kyle Meintzer.

Steve Torbit, executive director of the National Wildlife Federation’s Rocky Mountain Regional Center in Boulder, Colorado, calls for “livestock producers and wildlife folks to roll up their sleeves and work together to find areas suitable for domestic sheep.” Torbit and other bighorn advocates hope they can persuade western sheep ranchers and federal officials to develop a strategy that will allow bighorn sheep populations to expand through conservation and further reintroductions across the West. “I don’t want to start a new range war, because it’s not good for anybody, and it’s certainly not good for wildlife,” he says. He favors a collaborative process that brings ranchers, sportsmen, tribes and conservationists together to protect the range and wildlife but still allows ranchers to thrive – creating safe zones for wild sheep far from domestic sheep, and setting aside other zones for domestic sheep far from bighorn habitat.

As Kevin Hurley puts it: “If you believe in compromise and conservation, both sides have to give up something.”

David Stalling is the MWF Western Field Rep. Reach him at dstalling@mtwf.org.

Wildlife, Access at Stake In 2017 Montana Legislature

Montana Capitol
Montana Capitol. Photo credit: Mark Dostal

Here we go again: the 2017 Montana Legislature will convene next month, and the Montana Wildlife Federation’s (MWF) members, volunteers, and staff will be taking a leadership role on issues that affect wildlife, habitat and public access.

MWF and our conservation partners had numerous successes in the last Legislative session two years ago. We helped pass a major overhaul of Montana’s hunting and fishing license structure and fees. That vital bill helped shore up the finances for the Montana Department of Fish, Wildlife and Parks for years to come, while also simplifying the complex system of hunting and fishing licenses.

MWF also addressed several key conservation issues, including getting ahead of feral swine before they reach Montana; cracking down on intentional abuse of replacement hunting licenses; and overhauling how hunters tag game animals in the field to make it easier for hunters.

2015 was, overall, a good session for wildlife, habitat and hunters. But there’s work to do next year. In 2017, we have a strong agenda to build on our conservation successes from two years ago.

The 2017 Legislature: An Overview

Republicans maintain their solid majority in the Montana House of Representatives, with a 59-41 seat advantage over the Democrats. In the Senate, Republicans expanded their majority to 32-18.

Governor Steve Bullock won re-election and will be working on some similar issues as last session, including infrastructure spending and early childhood education. He will also be advancing some proposals to protect and expand Montana’s public lands and public access, which will be of great value to Montana hunters, anglers, and other recreationists.

Budget issues will be front and center this session, with revenue projections down sharply and expected tough decisions on spending. Bullock has called in his proposed Fiscal Year 2018-2019 budget for some targeted tax increases on high income earners, as well as some special taxes on cigarettes and medical marijuana. He is also pushing for bonding roughly half of the proposed $292 million in infrastructure spending. In addition, what to do about the looming closure of two units at the Colstrip power plants will be a big theme this session.

So where does that leave wildlife, habitat, access and hunters and anglers? It is likely that our issues will not be at the forefront, although as always there will be bills that need scrutiny and debate. Montana FWP has a few bills it is proposing, mostly clean up measures.
The Senate Fish and Game Committee will have new leadership this session. Sen. Jennifer Fielder, R-Thompson Falls, has served on the committee for the past two sessions and will take over as chair.

In the House, Rep. Kelly Flynn, R-Townsend, will return to chair the committee. Flynn is a rancher and outfitter who chaired the committee last session. He brought a bill to increase funding for the popular Block Management program last session, and has worked on an effort outside of the Legislature to improve landowner-hunter relations.

MWF’s Agenda

MWF will be bringing a bill to improve public access to public land. It is based on a bill we brought last time that would increase the fine for gating a public road that leads to public land. Currently the fine is $10 per day, far too low to serve as a deterrent for illegally blocking public roads. Our bill would raise the fine to a minimum of $100 per day.

We will also be working, as always, to maintain a strong defense against any bills that would interfere with scientific wildlife management. Already there are several bills in the hopper that look troublesome, including one that would require payments of hunter dollars to landowners for crop damage. These programs in other states have led to disastrous consequences, costing state wildlife agencies millions and leading to landowner tag programs that impede management and reduce public hunting opportunity.

MWF will also be working to gain some additional funding for livestock loss prevention work to keep grizzly bears out of trouble, as well as wolves. And we will be pursuing a bill to increase the payment to landowners in the popular Block Management hunter access program to create more of an incentive to join the program.

Finally, we will be working to ensure that full funding is restored to Habitat Montana, which is Montana’s most successful habitat protection program. The program uses hunter license dollars to pay landowners for conservation easements on private land, as well as to purchase key habitat for wildlife from willing sellers. Habitat Montana has increased available winter range for wildlife, helped keep working farms and ranches in business and helped reduce conflicts with wildlife. It has also increased public hunter access and opportunity.

Last session the Legislature put a budget rider on Habitat Montana that barred any land purchases that weren’t already in negotiation. That has caused some lost opportunities for FWP from willing landowners, and hurt hunters from Montana and around the country. It’s crucial that we get the program renewed and continue to protect key habitat in Montana.

Nick Gevock is MWF’s Conservation Director. Contact him at ngevock@mtwf.org.

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.