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Legislature Passes Bad Bill for Habitat Montana

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Big Horns Gros Ventre 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.

Nick Gevock

Conservation Director

DOI Drops Badger Appeal

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Photo by Kendall Flint, President, Glacier-Two Medicine Alliance

The 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.

 

DOI Drops Badger Appeal

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IMG 0702
Photo by Kendall Flint, President, Glacier-Two Medicine Alliance
The 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.  

Bad Bill for Habitat Montana Keeps Moving

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MWFBlog 01252019 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

 

 

Wolves, Bison and FWP Budget

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Camo5 1 Montana Fish, Wildlife and Parks will get several important new biologists, as well as needed new equipment and other tools, under the main state budget that moved forward this week.

HB 2, the main state operating budget, passed out of the full House this week in great shape for Montana’s hunters, anglers and wildlife enthusiasts. FWP has asked for a pair of grizzly bear management specialists, a big game planner and some equipment to replace ATVs and boats that are old and outdated.

That was among the highlights from the past week, in which as always MWF’s staff, lobbyist and volunteers showed up to testify and talk to legislators to stand up for our wildlife, habitat, and access. Here are the bills that saw action this week:

FWP Budget Solid

HB 2 General appropriations act (Rep. Nancy Ballance, R-Hamilton) passed the House in great shape for FWP’s operations. It includes grizzly bear specialists in Butte and Red Lodge, which are two areas seeing many more grizzlies moving in, as well as a wildlife planner position to update the statewide elk management plan. The bill also includes new boats, off-road vehicles and other equipment that FWP needs to do its job in the field.

The Bill Now Heads to the Senate

In addition, HB 5, which is the capital improvements bill, passed second reading in the full House this week. The bill includes the appropriation for Habitat Montana, which is our best state conservation and access program.

Wolf Bills

Numerous wolf bills have come forward this session, ranging from several bills to lower the cost of wolf hunting licenses for both resident and non-resident hunters, to bills to allow bounties to be paid for trappers.

HB 279 Allow for wolf trapper reimbursement (Rep. Bob Brown, R-St. Regis) would allow groups to pay trappers for wolves they kill. MWF does not support payments for the taking of any game species, which is a bounty and a system we abandoned nearly a century ago. The bill was heard in the Senate Fish and Game committee this week, where MWF opposed it.

MWF also opposed in the Senate Fish and Game committee HB 291 Create voluntary wolf mitigation fund (Rep. Becky Beard, R-Elliston). The bill would create a fund at FWP where hunters can donate to pay USDA Wildlife Services. Such voluntary programs rarely generate much funding, and such programs can end up costing FWP money. MWF asked for a sunset on the program to see if it works, similar to numerous other FWP programs included many of our best conservation programs.

We supported HB 281 Revising laws related to how non-resident wolf licenses are issued (Rep. Bob Brown, R-Thompson Falls). The bill would allow non-resident hunters who buy a big game or deer combination hunting license to add on a wolf license for half price, which is $25.

Wounded Veterans Programs

HB 275 Revise hunting privileges for Purple Heart recipients (Rep. Frank Garner, R-Kalispell) would revamp how we issue licenses that Montana residents purchase and can donate to injured veterans for use in guided hunts supplied by outfitters. This program has worked successfully for several years, but needed some changes to get more veterans to qualify. It passed second reading in the Senate this week.

Bison Redefined

HB 132 Clarify definition of bison (Rep. Kenneth Holmlund, R-Miles City) would make all bison within the state of Montana domestic animals, including those coming out of Yellowstone National Park. It would redefine as domestic any bison that has ever been reduced to captivity, among the criteria, and that includes bison that are held in a quarantine facility for testing.

The bill passed the Senate with amendments and is going back to the House for final approval. MWF opposes the bill.

APR Resolution

MWF joined five other groups this week to write a letter in opposition to HJ 28, Joint resolution requesting denial of American Prairie Reserve grazing permit (Rep. Dan Bartel, R-Lewistown). The American Prairie Reserve as a private landowner has opened up more than 27,000 acres of land to Montana hunters through the Block Management program. In addition, the nonprofit group has opened access to public lands that have been off-limits to public hunters for years.

APR is requesting to change to year-round grazing its leases with the Bureau of Land Management, and MWF has supported that. MWF testified against the resolution in the Senate Agriculture, Livestock and Irrigation Committee.

Other Bills

Several bills have become law in the past week that was clean up measures. They include:

HB 43 Revise landowner elk license laws to allow non-transferable licenses for landowners who sign a contract with FWP to allow public hunters (Rep. Denley Loge, R-St. Regis).  

HB 94 Clarify hunting access programs’ statutes (Rep. Zach Brown, D-Bozeman).

HB 143 Remove sunset on three-day nonresident bird license (Rep. Neil Duram, R-Kalispell).

MWF supported all of the bills.

Looking Ahead

This week will be another busy one as we enter the final month of the Legislature. MWF staff, volunteers and lobbyist will again be busy making sure the voice of Montana’s hunters and anglers, and wildlife enthusiasts are heard in the Capitol. Your participation is important, so stay engaged and check your email, our Facebook page and our website for alerts and information as bills come forward. You can also check our bill tracker for real-time updates on the status of bills.

 

Nick Gevock

Conservation Director

 

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.