Habitat Montana is so important for Montanans. The program has worked over the past three decades to conserve vital big game winter range and habitat for other wildlife. It has provided a tool for farmers and ranchers to secure a strong financial future. And it has provided access for hunters to these lands, as well as adjoining public lands that offer world-class hunting opportunities. In total, Habitat Montana has helped protect and open access to more than 880,000 acres across the state.
This month Gov. Bullock vetoed a bill that would have seriously threatened Habitat Montana’s future. HB 265, sponsored by Rep. Kerry White, R-Bozeman, would have required state Land Board approval for conservation easements on private lands under Habitat Montana. We saw the problems that can cause last year when the Land Board tried to block the Horse Creek Complex easement near Wibaux after it had been worked out for nearly two years.
This quality project permanently protected 15,000 of a working family cattle ranch from development. And it permanently opened a total of nearly 20,000 acres of private and public land to public hunting for mule deer, antelope and game birds. It was a great example of exactly how Habitat Montana is supposed to work. Now it will continue to do so.
Members of the Montana Sporting Coalition were deeply appreciative of the veto. We sent this letter to Gov. Bullock thanking him for the veto and expressing our continued strong support for Habitat Montana. MWF is also very thankful to our conservation partners in the coalition who stood up with a strong, unified voice to express our opposition to HB 265. We are hopeful that in the future the Legislature listens and doesn’t pass measures that would threaten the future of this important program for wildlife, landowners, and hunters.
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.
MWF thanks Gov. Bullock for signing SB 341, the Public Access Land act, and agrees with the Governor that Montana Fish, Wildlife and Parks needs to craft rules that ensure it’s properly used to effectively open access to landlocked public lands with no other options. That’s why we sought an amendment, sponsored by Senator Tom Jacobson (D-Great Falls), to ensure that rule-making authority was included in the bill.
“MWF put in a lot of hard work and time to develop this legislation, along with other groups, Senate Leadership, and DFWP, throughout the session,” said Dave Chadwick, MWF executive director. “It shows that Montanans can solve access issues by working together, and now as the governor said it’s time to write a rule for the law that ensures that’s exactly what gets done.”
SB 341, sponsored by Sen. Mark Blasdel, R-Kalispell, allows FWP to enter into agreements with landowners for opening easements to public lands that are otherwise unreachable by the public. Grants will be reviewed by the Private Land/Public Wildlife Council and by the FWP director.
In addition, rules must be written to ensure a review so that any projects proposed are not in conflict with existing easements to those lands. Bullock in his signing statement said he was directing FWP to write a rule that ensures easements can’t be used to eliminate an existing public easement.
“I am excited about the prospect of opening up more land through the mechanism envisioned by SB 341. I have some concerns, however, about whether these same agreements could be used to defeat an existing right of access the public holds,” Bullock said in his signing statement. “For example, I anticipate concerns over whether a landowner could use the existence of an agreement under SB 341 as evidence of permissive use to defeat a historical prescriptive easement. Accordingly, as my administration implements this bill, I am directing the Department of Fish, Wildlife, and Parks to adopt rules that will require the Department to determine if the public already has access to a property before finalizing any agreement under SB 341.”
Every program has the possibility of being abused. How those programs are implemented helps to guarantee that the public’s resources and money are wisely used to ensure that we start working on eliminating the 1.5 million acres of landlocked public land. We are extremely grateful for the leadership of Senator Blasdel on SB 341, and his insistence that all groups work together to find common ground.
MWF will be heavily engaged in the rulemaking process, as well as reviewing any proposals that come forward under SB 341.
The 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.
The Montana Wildlife Federation congratulates the four members of the Fish and Wildlife Commission who were confirmed by the Senate.
“We are looking forward to working with these commissioners to tackle the difficult but rewarding issues around our public fish and wildlife resources,” said Dave Chadwick, MWF executive director. “It is a major commitment of time and energy to serve on the Commission, and we’re thankful these leaders are willing to put in that effort.”
The Senate this week confirmed Tim Aldrich, of Missoula, and Shane Colton, of Billings, to terms that end in two years in 2021. Both were appointed in 2017 by Gov. Bullock and awaited Senate approval.
Also confirmed were Pat Byorth, of Bozeman, and Logan Brower, of Scobey, to four-year terms that will end in 2023.
Aldrich is a past president of MWF and has served on numerous advisory boards and councils regarding fish and wildlife, and lands. Aldrich is retired from a distinguished career in the US Forest Service. Colton served on the Commission for eight years in the 2000s and was again appointed in 2017.
Byorth is a former fisheries biologist with FWP who brings extensive knowledge of fisheries management. He currently works as an attorney with Montana Trout Unlimited working on water rights issues. Brower is a high school teacher and athletic director in Scobey.
The Commission will have numerous difficult issues to deal with in the coming two years. One of the main ones will elk management as we look at an update of the statewide management plan and address criticisms of elk “shoulder seasons”. The Commission will also have to address grizzly management, Chronic Wasting Disease, aquatic invasive species, and many more issues.
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.
