Montanans Intervene in Lawsuit Attacking State Management of Elk

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

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

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.

MWF Youth Pilot Program

By MWF Ambassador Anne Joliff.

High schoolers need help. We often like to think of them as becoming self-sufficient; growing up and getting ready to strike out on their own – believe me, they think that about themselves as well. As a high school teacher, I know better; I know that they struggle with mental and physical health. As a conservationist, I know one way to help: nature. I’ve taught high school English for nine years. My favorite grade? Sophomores. Am I crazy? A little. I have taught students who need specialized reading help as well as students who probably should have been in college. One thing they all have in common is personal struggle. 

The class I created, Outdoors Literacy, is designed to help students mentally and physically, inside and outside the school building. I wanted to bolster reading comprehension and interest by providing novels and articles that would strike our primal souls; books that rang true and called us outside where we can heal our minds and bodies. There are multiple studies linking reading comprehension to background knowledge as well as hands-on experiences. The most natural fit is the outdoors. 

When I was approached regarding an opportunity to link my class to Montana Wildlife Federation by piloting a youth program, I jumped. The connections the class has made because of the work provided by MWF staff have made the class more meaningful and robust for the students. Because of their hard work, my students have had amazing outdoor adventures and been able to interact with people who have made the outdoors their life. 

Our first trip with Montana Wildlife Federation’s help was to North 40 in Great Falls. The students received a casting clinic and fly identification from Fred Telleen. While we were there, two fisheries biologists from Montana Fish, Wildlife, and Parks talked to them about the ecology in the surrounding bodies of water, how they found their passion, and paths kids can take if they were interested.

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Above: Students learn different fly patterns from Fred Telleen.

The fishing connected with Norman Maclean’s A River Runs Through It, naturally! We also practiced casting on our football field, walked to the river behind our school to look at the river’s ecology, and tied flies in class. 

The next connection was Naomi Alhadeff with the National Wildlife Federation. She created an educational unit for use in schools titled WildlifeXing. This unit is expansive and covers traditional Native lands as well as migratory patterns and how Montana’s department of transportation is working with biologists to assist safe crossings for migratory species. Students were able to research, map data, build crossing models, and make atlatls. The discussion surrounding migrations and the ebb and flow of animals on landscapes coincided with reading Aldo Leopold’s A Sand County Almanac. 

Around the same time frame, we entered a competition through Samsung: Solve for Tomorrow. It’s a STEAM competition for high schoolers across the country. Our class entered by submitting a project to modify the bottom wire on fences to aid Pronghorn migrations. Although we didn’t expect it, we won the state portion and are the only winners in the state of Montana. 100 projects in America received this designation. The students in my class then created a video to show the judges in the next round how we will carry out our project and what it does to better the world. The results will be released on March 17, with only 10 teams making it to the next level. 

I know that high school students aren’t everyone’s cup of tea, but they really are the future. If we can’t pass on the importance of conservation to their generation, what will happen to our wild places and spaces? The students I work within this class are amazing individuals. Many had little to no interest in the outdoors at the beginning of the class, they just needed somewhere to be. Now, half of them want to go into an outdoors or conservation-based career. Three of them struggle with mental health – they have confided in me that when they feel overwhelmed, they now head outdoors if they can because it helps. If the next generation learns how vital nature is to our overall well-being as humans, nothing will stop them from making sure it still exists. It just takes a little work, a little time, and a whole lot of compassion. 



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Above: Students went ice fishing (many for the first time) with Brian and Steph Clemen and Jesse Taylor.

Ice Fishing Women’s Workshop

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Group photo of the women who attended the First Annual Women’s Ice Fishing Clinic at Lake Mary Ronan; Photo taken by Sonya Smith/MWF.

When the world was still dark, 20 women, of all ages, gathered at Mountain Meadows near the shore of Lake Mary Ronan. It was cold, and everyone came bundled up and ready to be on the ice all day. Head lamps lit the early morning, new faces met one another, signed the required paperwork, learned about ice safety, shared their name and where they’re from, and then, all together, they headed out onto the frozen lake.


The event was organized and supported by Montana Wildlife Federation and Artemis Sportswomen with support from North 40 (Great Falls), Chancy and Dave’s Fish Camp (Kalispell), Snappy’s (Kalispell), Fish Wildlife and Parks and Wild Montana Anglers (Columbia Falls).

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Stephanie Adams-Clemen and Morgan Marks caught a perch using an HT Striker Pro Ice Fishing Hook Set Up System; Photo taken by Sonya Smith/MWF.

Planning took a few months of meeting almost weekly between two avid ice fishers, Stephanie Adams-Clemen and Kimberly (Berly) McCoy, and staff from Montana Wildlife Federation, Morgan Marks, the North-Central and Eastern Montana Field Representative, and Sonya Smith, the Communications Director. Sonya is also the Co-Lead for Artemis Sportswomen in Montana. Morgan had connected with both ice fishers separately and when she realized some magic could come from these connections, she brought everyone together to discuss hosting an event. 

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Stephanie started ice fishing when she met her now-husband, an HT Enterprise Pro Staffer, 8 years ago and greatly enjoyed the sport during long cold winters living in Minnesota and Montana. She shared that, “the Women’s Ice Fishing Clinic is a dream opportunity to share my enthusiasm for fishing and build community with other women in a meaningful way.” 

Berly learned to ice fish through an FWP Becoming an Outdoors Woman (BOW) class in 2019. Since then, she’s become an avid ice fisher, collecting more gear and feverishly anticipating the salmon bite each winter. “I had a ton of fun sharing my love of ice fishing with other women. Fingers crossed the Women’s Ice Fishing Clinic will become an annual tradition so we can continue to build a community of current and future women ice anglers,” Berly said. Both women were key stakeholders for this newly created, hopefully annual, women’s ice fishing event.

When the women hit the ice, the learning began. Some women had their own sleds, poles, and ice fishing gear, and others had never caught a fish before. The bravery it takes to show up, be willing to learn, and engage with other women cannot be understated. Both instructors got every woman set up with a pole and their own fishing hole in the ice and took turns sharing lessons, advice, and suggestions for how to fish for specific species, what gear was what, and what bait to use.

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Berly McCoy demonstrating how to filet a fish on the ice; Photo taken by Sonya Smith/MWF.

There were smiles all around as women started jigging and the first fish was caught. “Woo woo” and “fish on” became familiar words spoken and yelled, as women celebrated each other when they caught a fish and cheered one another on.

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Photos of women ice fishing taken by Sonya Smith/MWF.

During lunch, Alex Stokman of Venery Montana, a women’s hunting and fishing company, spoke on behalf of Artemis Sportswomen as she’s an Ambassador for them, living and working in Montana. 

 

Artemis Sportswomen, an initiative of the National Wildlife Federation, is a group of “bold, impassioned sportswomen who are out to change the face of conservation. The Greek goddess Artemis is the protector of the hunt and of nature. She is usually depicted with her trusty doe deer, a bow and arrows. She knew it as her duty to protect wildlife and the sanctity of the hunt.  Artemis sees her as an extremely fitting icon to represent our philosophy. We embody Artemis’ wild spirit and protective nature to boldly carry the conservation torch for the modern sportswoman by engaging in every facet of the sporting conservation life.” We’re grateful for Artemis’ support and for sending a representative to enjoy the day, engage with the women, and share more about the organization’s work in the conservation space. 

Mountain Meadows Restaurant offered a special lunch menu for the event and our thanks abound for their hospitality and kindness. It was an overall, informative and beautiful day out on the ice! 



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Alex Stokman of Venery Montana speaking to the group during lunch; Photo taken by an attendee of the event; Credited to MWF.

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Beautiful day on the ice; Photo taken by Morgan Marks/MWF.

How I became interested in Montana Wildlife Federation’s Legislative Action Team

By Montana Wildlife Federation Ambassador Mike Mershon.

How I became interested in Montana Wildlife Federation’s Legislative Action Team is really a story of my childhood upbringing. From an early age, I have been fortunate to have had mentors in my life who shared their passion for the outdoors with me. I was shown the endless treasures that our public lands hold, taught how to hunt our public wildlife, and enjoyed our liberal stream access. 

Some of my earliest memories are of pack trips into the Absaroka Beartooth Wilderness with my grandfather and uncle, backpacking trips with my father in the San Juans of Colorado, and hunting squirrels and fishing streams with my brothers on the surrounding open spaces of our childhood home. As I outgrew the mentors who introduced me to the concepts of advocacy and had instilled a deep respect for our rich heritage I continued on my own to develop my passion for open spaces and the wildlife found within them. I further developed an appreciation for the work that is required to create, maintain and protect these commodities.

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One of my early trips into the Absaroka-Beartooth Wilderness was on a pack trip into East Rosebud drainage with my grandfather and uncle.

As an adult, like most, time becomes an increasingly precious commodity. I still dedicate as much time as possible to being out and enjoying the outdoors. However, I am only capable of dedicating so much time to my passions and have limited bandwidth to absorb all the information presented to me. With the changing of times I was seeing the unprecedented onslaught of changes coming down the line. I had noticed subtle changes on the public lands that I had spent so many days of my youth and childhood on. Access to certain trails was limited or denied. The ways our wildlife populations were being managed had shifted. I had growing concerns and questions, and I had begun feeling frustrated that I wasn’t being an effective advocate on my own, that my concerns were often not being heard, or more commonly, I didn’t even know who the correct persons were to voice my concerns to. Simply put, I wanted a better understanding of how these changes had come about. 

This is when I found Montana Wildlife Federation’s Legislative Action Team (LAT). The LAT provides an easily digestible breakdown of the major concerns facing the conservation community and lays out the most effective actions needed from its members to counter these concerns. Not only does being a LAT member provide me with access to experts in the conservation world who can help answer questions, provide from-the-source data, and share insider information on upcoming legislation. I am also engaged in a diverse community of like-minded individuals because to be the most effective conservationist requires concentrated planning expressed as unified voices. 

When I joined the LAT I gained an improved understanding of the legislative process along with how our fish and game committee works. I now know who is responsible for the decisions that are being made which affect our hunting, wildlife management and public lands. I have been given the tools and shown how to use them in a manner that allows me to effectively spend my time to impart the most impact on the process. 

I have been incredibly fortunate to mature as a sportsman in such a wonderful time, enjoying plentiful opportunities in the game with access to seemingly endless tracts of public lands. Now, spending time hunting with my young nephew and helping him to harvest his first big game has shown me it is time that I concentrate on ensuring that the sportsmen and women of the future can enjoy the same opportunities that I have enjoyed. The LAT has equipped me with the necessary toolkit to continue our conservation legacy. 

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The next generation of conservation advocates, with his first bull elk taken on public lands.

Jeff Lukas – MWF Elk Campaign Manager

Jeff Lukas

Conservation Director

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.