Governor Signs PAL Act

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Photo by Hunter Wiseley

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.

Legislature Wraps Up with Commission Appointments, AIS and More

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Photo by Greysen Johnson.

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.

MWF Congratulates Appointed Commissioners

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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.

MWF is Working Tirelessly to Ensure the Future of Public Access

rhett noonan 172575 unsplash As Montana’s oldest wildlife conservation organization, MWF has seen the conservation and hunting needs of Montana change over the last eight decades. But one thing that has not changed is the need for quality access opportunities. MWF is working tirelessly to ensure the future of public access, including working to support the completion of the Graveley-Warm Springs Conservation Easements near Garrison Montana.   

The Graveley-Warm Springs Conservation Easements will protect more than 8,200 acres of one of kind wildlife habitat.  The easements will also allow hunting access in perpetuity, giving hunters opportunities for elk, mule deer, whitetail deer, antelope, wolves, and upland birds. The property spans native grassland, wetlands, forested areas, and aspen groves that sits in the shadow of the Garnet Mountain Range and will provide improve wildlife habitat connectivity, something healthy wildlife desperately needs. As time progresses, projects, such as this, will become increasingly rare.  

MWF and its members have been actively engaged in ensuring the completion of this project. From writing letters to attending meetings to providing public comments, MWF has shown up on this project like no other conservation organization. If you are interested in also supporting this project contact Central Montana Field Rep Marcus Strange at mstrange@mtwf.org.

Bill, Study Will Help Protect FWP Wildlife Location Data

ELK blog Montana’s longstanding tradition of fair-chase, ethical hunting had another boost this week as a pair of bills to address the issue of agency wildlife location data advanced.

SB 349 (Sen. Jill Cohenour, D-East Helena) passed the House and is heading to the governor for his signature. The bill makes it illegal to use Montana Fish, Wildlife and Parks wildlife location data to hunt or harass wildlife. It’s an important step because FWP biologists need to be able to collect specific data to understand wildlife’s use of habitat, migration routes and other steps. At the same time, hunters and others shouldn’t be able to use that data for a grossly unfair advantage, or to harass wildlife.

But the bill doesn’t give the agency any ability to deny that data to the public. Montana has strong public interest laws protecting the public’s right to public information. Yet other states have given their wildlife agencies the ability to deny some information. That’s where SJ 30 (Sen. Jill Cohenour, D-East Helena) comes in.

The resolution calls for an interim study to look at FWP wildlife location data, to help determine under what circumstances or whether the agency can deny someone that information. It’s an important step to take a solid look at this issue, and potentially come up with legislation if needed to bring a bill to give the agency the ability to protect some of its data.

MWF supported both of these bills as needed measures to keep Montana at the forefront of ethical, fair chase hunting.

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.