Cameron Evans

Montana adopted the current Elk Management Plan (EMP) in 2005 — 18 years ago! A lot has changed in that time. Land ownership is changing from the family farmer and rancher as people flock to Montana, and our elk population has grown while an increasing number of elk select private lands, largely in response to hunter pressure. Wildlife managers are facing the challenge of accommodating hunters while addressing the worries of landowners losing livestock forage, crops and fences to elk. 

The recently released draft EMP from FWP is an extensive document, spanning over 500 pages, with another 100-plus page Environmental Assessment. That’s an amazing amount of detail for a management plan, but don’t be intimidated by the size!

We’ve included our comments on the EMP that we sent to Montana Fish, Wildlife, and Parks here: MWF EMP comments 2023, and are including a summary below to help you better understand what’s being proposed in the EMP and it’s implications.

Prior to submitting these comments, MWF attended meetings in every region of the state. Every bit of commentary from the public helped during this period, and your voice and advocacy helped create a better EMP. 

Although FWP could improve some aspects of the EMP, the overall plan, alongside the Environmental Assessment and recent season setting proposals from FWP, showcases movement focused on addressing some important issues relative to elk management.

We often say that “MWF shows up,” and this effort was no different. Our staff, board members, ambassadors and membership attended over 40 meetings last year in all seven regions to help inform, weigh and analyze public perception across the state. That advocacy shined through. Thank you for showing up! 

In the draft EMP, FWP notably acknowledges the need for regular management strategy reviews every five years. They’ve increased objectives substantially in many districts, and they’ve increased efforts to improve habitat on public and private land. These actions align closely with the long-standing recommendations made by the Montana Wildlife Federation since 2015 or even earlier.

The EMP also calls for more working groups, such as the Elkhorn Working Group and the Devil’s Kitchen, which have helped reduce conflict and improve management outcomes, while bringing Montanans together. The recognition that human pressure is a significant factor affecting problematic elk distribution is crucial in developing new season setting strategies designed to increase hunter success and reduce pressure on public lands, while encouraging pressure on private lands.

“It’s encouraging to see FWP take up so many ideas and thoughts that MWF board members, affiliates and members have put forward,” said Jeff Lukas, Acting Conservation Director for the Montana Wildlife Federation who manages the organization’s elk campaign. “MWF has spent the last two years working to bring people together who traditionally disagreed on wildlife management issues. That effort paid off during the legislative session and it’s paying off in the new draft of the EMP. While it’s not perfect, it is a big step forward in helping Montanans work together to find the right outcomes on elk management.”

It is also heartening to see a call for enhanced hunter education programs to ensure that Montana puts ethical hunters in the field who understand wildlife conservation.

Despite the progressive aspects of the EMP, we also have some concerns. Specifically, we are concerned about the proposal on page 56 to eliminate limited entry permits in favor of general hunting in over-objective areas could lead to a spike in hunter pressure, further exacerbating the issue of problematic elk distribution. Notably, FWP acknowledges that such an action would increase hunter pressure on page 43 of the same plan. 

“Page 56 of the revised EMP seems to work against common sense,” said Craig Jourdonnais, former FWP biologist and co-chairman of the Ravalli County Fish and Wildlife Association’s Big Game Committee. 

“FWP outlines a management strategy for HDs that are substantially over the population objective for three consecutive years or more. First, it’s likely the population is far over objective because of chronic hunter/elk distribution issues in that HD (think about page 55 in the current EMP). Offering more bull elk hunting opportunities is a benefit to some hunters, and landowners engaging in commercial outfitting or charging a trespass fee, but it doesn’t address the overpopulation issue.”

We’re also concerned about the absence of certain provisions, such as one found on page 55 of the previous EMP, which allowed for not counting elk on inaccessible private land. In the past, this provision has helped guide FWP’s decisions to move to cow-only hunting in certain districts. FWP has only used this provision twice in the 18 years the plan was in place, but its use led to increased harvest rates and reduced conflict. 

“The basic strategies for managing an elk herd aren’t complex,” Jourdonnais said.

“When managers need to reduce a population, they liberalize the harvest opportunities for antlerless elk. Antlerless harvest is the main driver for population management. Managers may certainly increase harvest opportunities for bull elk too, but harvesting more bull elk alone isn’t an effective long-term solution to population management. Page 55 of the old EMP gave us the tools to manage antlerless harvest in a manner that actually achieved the goals relative to herd population size and protected elk on accessible lands from over harvest. It’s baffling why it isn’t in the new EMP.”

The EMP also lacks updated scientific research on the impact of summer recreation on cow and calf elk during crucial times of the year, as stakeholders highlight the need for updated scientific research to inform decisions on elk management during crucial periods of the year.

Throughout the plan’s development, FWP has sought public input through a massive effort including over 40 stakeholder meetings and two elk advisory committees, demonstrating the agency’s commitment to listening to Montanans. However, the veto of a widely supported, bipartisan bill, SB 442, would have allowed the agency to delve deeper into the habitat issue across land ownerships. 

As Montana’s EMP undergoes public scrutiny and potential revisions, it remains to be seen how the state will strike the delicate balance between managing elk populations while addressing hunters’ and stakeholders’ concerns. FWP is currently reviewing public comment before the next version of the plan is released late this summer or early this fall. Sign up for our email updates to keep abreast of the latest developments with elk management. 

Today’s landmark decision by the Lewis and Clark County District Court marks an unprecedented triumph in the fight for climate justice, and the protection of wildlife, habitat and future generations of Montanans. We at the Montana Wildlife Federation, Montana’s oldest, largest, and most effective wildlife conservation organization, are deeply grateful to the young whose actions inspire us to redouble our commitment to climate action.

“This historic ruling is a monumental win not only for the youth plaintiffs, but for the people of Montana and the nation,” said Frank Szollosi, Executive Director of the Montana Wildlife Federation. “It affirms our constitutional right to a clean and healthful environment and sets a precedent that holds governments accountable to considering the impacts of energy projects. Today, we celebrate a victory that transcends generations, aligning with our enduring fight to conserve Montana’s natural resources and ensure a thriving environment amid the challenges of climate change.”

Judge Kathy Seeley’s ruling that the provision in the Montana Environmental Policy Act is unconstitutional resonates with our core mission. Her recognition that the plaintiffs have a “fundamental constitutional right to a clean and healthful environment, which includes climate as part of the environmental life-support system” strikes at the very heart of what we strive to preserve every day.

This victory belongs to the courageous youth of Montana who have become pioneers in a national movement that demands governments fulfill their duty to address climate change. Their efforts are not only an inspiration to us in Montana but to people around the world who are standing up for the right to live in a healthy environment.

“Montana hunters and anglers know the science and know the impacts that climate change is having on our habitat and wildlife,” Szollosi said. “These young people are correct, rising water temperatures and extreme weather are taking a toll, whether that be on westslope cutthroat trout or migrating ungulates such as mule deer. State action that fails to take into account climate science is short-sighted, wrong and constitutionally, illegal.”

By holding the state accountable for failing to consider the impacts of energy projects, we hope to see a transformative shift in policy and action not only in Montana but across the nation.

Montana’s rich natural resources should be managed responsibly to ensure they serve future generations. This ruling is a crucial step towards a sustainable future where economic prosperity and environmental stewardship go hand in hand.

“Today, Montana stands as a beacon of hope and a symbol of what determined, united action can achieve for the health of our planet and the legacy we leave for future generations.”

The Montana Wildlife Federation and Wild Montana filed suit today to compel Governor Greg Gianforte and Secretary of State Christi Jacobsen to comply with their obligations under the Montana Constitution and allow the Montana Legislature the opportunity to override the Governor’s veto of Senate Bill 442 (“SB 442”).

On May 1, 2023, the Legislature passed SB 442—an overwhelmingly bipartisan, politically popular measure that directs recreational marijuana tax revenue to conservation and recreation programs, local infrastructure projects, and veterans’ services. Of 150 legislators, 130 voted to pass SB 442. The next day, the Governor vetoed the bill, but the Senate adjourned before the veto was communicated to the full Senate.

When the Governor vetoes a bill passed by a supermajority of legislators after the Legislature has adjourned, the Constitution requires that the Secretary poll the Legislature by mail. Normally, the Governor returns the bill with his reasons for veto to the Secretary, triggering the post-adjournment override process. When the Governor failed to take that step, Wild Montana—a nonprofit grassroots conservation organization that unites and mobilizes communities to keep Montana wild—and the Montana Wildlife Federation—Montana’s oldest, largest, and most effective wildlife conservation organization—called on the Governor to uphold the Montana Constitution and return the bill to the Secretary. The Governor refused, leading to today’s filing.

“Montanans are disappointed in Governor Gianforte’s veto of SB 442, a wildly popular bipartisan bill that made historic investments in conservation, public access, and rural infrastructure,” said Noah Marion, state policy director for Wild Montana. “But even more importantly, it’s the Governor’s duty to play by the rules. The Governor can’t obstruct the legislature’s authority with procedural trickery.”

“Contrary to the wishes of 130 legislators and countless Montanans, the Governor’s veto takes tens of millions of dollars away from wildlife, roads, rural communities, and veterans,” said Frank Szollosi, Executive Director for Montana Wildlife Federation. “Our Constitution provides that the Legislature gets a chance to override a veto. The executive branch cannot stand in the way.”

“The Montana Constitution empowers the Legislature to override a veto by a two-thirds vote in all circumstances—there are no loopholes,” said Constance Van Kley, Litigation Director of Upper Seven Law, who represents Wild Montana and the Montana Wildlife Federation. “The Governor cannot usurp the Legislature’s role with a creatively timed veto.”

The Montana Wildlife Federation and Wild Montana are working tirelessly to defend the integrity of the legislative process and protect Montana’s natural resources. You can play a crucial role in supporting their legal action by becoming a member of Montana Wildlife Federation and making a donation today.

By pursuing legal action, the Montana Wildlife Federation and Wild Montana strive to protect the integrity of the legislative process and ensure that Montanans’ voices are heard. To stay informed about this ongoing case and support the efforts of these organizations, subscribe to emails from the Montana Wildlife Federation. Together, we can uphold the principles of democracy and champion the preservation of Montana’s precious natural resources.

About Upper Seven Law: Upper Seven Law is a Montana-based nonprofit law firm dedicated to holding the powerful accountable. Based on the belief that creativity and innovation in law are essential to advancing social justice and public interest objectives, Upper Seven takes smart risks and invests the time necessary to build foundations for long-term accountability work.

Montana hunters, outfitters, and policymakers are celebrating a package of five bipartisan elk management and hunting-themed bills that have advanced through the Montana legislature’s general transmittal deadline.

The package of legislation was rolled out by the Montana Citizens Elk Management Coalition and Montana Outfitters and Guides Association during the “Elk Camp at the Capitol’ event in early January. The package has been described as the first legislative agreement to bring the outfitting and hunting communities together since the 2007 legislature.

Representatives from the Montana Citizens Elk Management Coalition and Montana Outfitters and Guides Association say their package will collectively improve wildlife management, reduce non-resident hunter pressure, improve incentives for landowners to enroll in state-sponsored access programs to help resolve problematic concentrations of wildlife, and create more trust between landowners, outfitters, and hunters.

The bills that advanced through the general transmittal deadline are sponsored by a group of bipartisan lawmakers and have the support of the Governor’s office.

During a press conference last week, Governor Gianforte recognized the collaborative efforts of the groups involved, stating, “Diverse groups are coming together like never before around this common mission. I want to particularly note the work that the Montana Outfitters and Guides is doing in conjunction with the Montana Citizens Elk Management Coalition. Together, they put forward a package of bills for sportsmen, outfitters and landowners…I say this often, but we have far more in common as Montanans than divides us. Common ground is always there if we are willing to look for it and work to achieve it.”

“These bills represent small but important steps forward to rebuild trust between hunters, outfitters, and landowners, and just as importantly, to broaden the management toolbox for elk and other species of wildlife,” said Kathy Hadley of the Montana Citizens Elk Management Coalition. “Not every organization gets everything they want with this kind of work, but that’s the nature of collaboration, and we think it sets us up to find more common ground in the future.”

“We really want to thank the Governor’s office and the legislators who encouraged us early on to identify areas of consensus they could realistically advance to improve the future of elk management,” said Mac Minard, Executive Director, Montana Outfitters and Guides Association. “These policy agreements are now advancing through the legislature with minimal conflict thanks to the work our respective organizations put in and thanks to lawmakers in both parties who are championing the results. This is a tremendous example of what can happen when diverse interests agree to sit down and find areas of common ground.”

A summary of individual bills is found below:
Improve enrollment in Block Management. SB 58, sponsored by Sen. Steve Hinebauch (R-Wibaux), will increase the annual Block Management payment cap for enrollees to $50,000. Prior to the legislative session there was broad agreement for this concept, which was ultimately endorsed by the Private Land/Public Wildlife council.

Limit non-resident deer licenses to reduce hunter pressure. SB 281, sponsored by Sen. Pat Flowers (D-Belgrade), would reduce the sale of nonresident deer B tags to alleviate crowding on accessible lands. The bill would instruct FWP to sell no more than two B8 antlerless deer licenses to non-residents who draw a big game combination license or nonresident deer combination license, and only allow one antlerless license to be held by other NR hunters.

Improve access to GIS data for hunters. HB2, the state’s primary budget bill, sponsored by Rep. Llew Jones (R-Conrad) sets aside funding for a new FWP employee to improve the acquisition and distribution of public access data for use by the state and GPS-based mapping companies. The position will ensure all landowner access agreements, the status of open/closed roads, navigable streams, and other pertinent access information is updated and available as cadastral information. The position will improve the FWP Hunt Planner tool and collaborate with GPS companies.

Improve hunter education. HB 243, sponsored by Rep. Marylin Marler (D-Missoula), would make an in-person field day with firearm safety training a requirement of FWP’s online hunter safety and education course. This legislation was amended in committee to provide FWP additional time to comply with this requirement.

Establish non-resident preference pool: HB 635, sponsored by Josh Kassmier (R-Fort Benton), would establish a non-resident landowner preference pool to encourage landowners to hunt their own deeded lands, incentivize them to enroll in state sponsored public access programs, and reduce hunting pressure on other publicly accessible lands. The bill would set aside up to 15% of B-10 combo licenses for non-resident landowners and family members to hunt deeded lands if they own 2,500 acres or more. The bill incentivizes public access in limited-entry districts where landowners must still apply for and receive a permit. Interested landowners will be able to purchase an additional bonus point for permit applications if they are enrolled in a state-sponsored access program.

Reform 454 access program: HB 596, sponsored by Denley Loge (R-St. Regis), would modify the 454 program to make it a more effective and equitable tool for managing problematic concentrations of elk on private lands. The bill would create a new prescription for a “like” opportunity between the first tag holder and the first hunter selected for the 454 agreements. This bill would also give the commission more authority to negotiate and prioritize applications that offer additional public elk hunting, above the minimum 3:1 ratio.

Contact MWF Communications Coordinator Cameron Evans

M: (630) 917-3893 | E: cameron@mtwf.org