Legislature Begins the War on Elk

ELK HERD WEB A resolution calling for party hunting, adding shoulder seasons to public lands and removing flexibility for regional management of elk moved ahead this week. This week also saw action on bills affecting wolf management, trapping, and crossbows, and FWP’s budget came out of the first series of committee hearings.

Once again the Montana Wildlife Federation staff, lobbyist and volunteers were busy testifying in hearings, interacting with legislators and engaging our supporters to stand up for wildlife and habitat. As we approach the halfway point of the Legislative session, here are the bills that moved forward or died this week.

War on Elk Moves Ahead

Elk management is always controversial, and a bill and resolution this week threw that out there. HJ 18 had no support from hunting organizations and only seeks to further the divide against hunters and landowners. It sets a dangerous precedent in telling FWP how to manage elk on a fine scale, rather than the traditionally conservative approach to setting overarching policy goals. The resolution calls for party hunting of elk, multiple B tags, shoulder seasons on public land and setting shoulder season dates in stone, regardless of the local wildlife managers’ needs or landowner desires. MWF opposed the resolution.

HB 497 would allow the Fish and Wildlife Commission to issue additional cow elk tags and introduces the concept of shoulder seasons into law. A companion to the HJ 18, both bills passed out of the House FWP committee and are heading to the floor for a vote. We will be working hard to kill both of these bad bills for our elk herds, hunters and for our relations with our friends in the landowner community.

Wildlife Location Bill Advances

The Montana Legislature took a positive step toward maintaining our longstanding ethical, fair-chase hunting heritage this week as a bill to ban the sale of specific locations for big game animals passed the Senate. SB 127 (Sen. Jill Cohenour, D-East Helena) would put Montana ahead of other states in which locations can be sold. MWF strongly supports this bill and will work to get it through the House for the governor’s signature.

Wolf Bills

HB 551 (Rep. Bob Brown, R-Thompson Falls) would allow wolf hunting at night. MWF opposed the bill and does not support hunting any big game at night. This bill would violate fair chase hunting ethics and put hunters out in the field at night, in grizzly bear country and when deer and elk are in the rut.

In addition, HB 279 (Rep. Bob Brown, R-Thompson Falls) that would allow payments for dead wolves for trappers passed the House this week. MWF is opposed to bounties for any wildlife and is working to kill this bill as it moves to the Senate.

MWF is supporting several other bills this session to reduce wolf license fees for resident and non-resident hunters in an effort to put more hunters in the field, while we maintain our fair chase hunting ethic. These include HB 280, HB 281 and HB 407, all sponsored by Rep. Bob Brown, R-Thompson Falls.

Wildlife Counts

HB 509 (Rep. Gordon Pierson, D-Deer Lodge) would require third-party verification for Montana FWP’s game counts. MWF opposed this bill because it’s vague, did not specify who would conduct the audits, and would cost FWP more than $400,000 a year in estimated costs. It could also include game birds and fish and doesn’t lay out any methodology that would be used to look at game counts. The bill was heard this week in the House FWP committee and awaits action.

Crossbow Bill Dies

The bill that would have allowed disabled and hunters over age 70 to use crossbows during the archery season died on the Senate floor 37-13 late last week. SB 174 (Sen. Doug Kary, R-Billings) was controversial because of the effect it would have on our fair chase archery hunt. MWF strongly supports opportunities for disabled hunters, and our partners at the Montana Bowhunters Association have worked extensively to provide modified archery equipment for disabled hunters.

Checking Big Game

SB 256 (Sen. Jason Ellsworth, R-Hamilton) would allow a third party to check in big game species that require inspection. A similar bill was brought last session that was limited to outfitted clients, but this bill would apply to all hunters.

Looking Forward

Next week should be extremely busy, with the transmittal deadline that is the halfway point of the Legislature upon us. That’s the deadline when any non-revenue bills must have passed one chamber of the Legislature. We expect evening floor sessions as bills pile up that must pass.

In the next week, we will see bills affecting the sage grouse conservation strategy for the state, another bill on funding the Aquatic Invasive Species program, and a bill on how information on hunter’s harvest locations is accessed by the public. We are also expecting bills affecting bison conservation to continue to move forward.

For the most up-to-date information, check our Bill Tracker, or become a member of our Legislative Action Team and encourage friends and family to join as well. 

Easements, Grizzlies and Sale of Wildlife Information

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Montana Wildlife Federation Conservation Director Nick Gevock testifying on a bill.

Bills are really moving in the 2019 Legislature, and the Montana Wildlife Federation again testified, lobbied and engaged our grassroots members to show up and make our voices heard. Here is the rundown from the past week in the halls of the Montana Capitol:

Easement Bill Advances

Last year the landowners, hunters and wildlife enthusiasts of Montana won a big victory when the state Supreme Court ruled that Habitat Montana conservation easements are not required to go through the state Land Board. It was an unnecessary layer of government that had begun to stifle lands projects up to two years in the works. HB 265, sponsored by Rep. Kerry White, R-Bozeman, would undo that and again require Land Board approval for easements. MWF rallied the Montana Sporting Coalition to oppose the bill in the House FWP committee, but it passed out. Our partners hit the floor with numerous messages from members, but on Friday the bill passed out of the House 57-43 and moves to the Senate.

Wildlife Locations Bill

SB 127, sponsored by Sen. Jill Cohenour, D-East Helena, would bar the selling of information on specific big game animals. It upholds Montana’s longstanding fair chase hunting ethic and gets us ahead of the trend of people selling specific GPS coordinates for animals. The bill passed the Senate Fish and Game Committee this week and awaits a floor vote.

Grizzly Resolution

MWF opposed SJ 6, Sen. Mike Cuffe, R-Eureka, a resolution calling for a Congressional delisting of grizzly bears from the Endangered Species Act list for the entire state. The bill would make all of Montana a distinct population segment under the ESA and actually set back delisting efforts for some populations by years.

Anti-public Wildlife Bill Goes Down

HB 161 (Rep. Brad Tschida, R-Lolo) would have taken the public out of wildlife. It would have limited decision making by the Fish and Wildlife Commission to consider a very narrow group of stakeholders – landowners, and kept hunters, anglers and nearly everyone else out of decision making. The bill died in the House FWP committee 9-9 and was a big win for public hunters, anglers and wildlife enthusiasts.

Wolf Licensing

HB 280, which adds a wolf license for resident hunters onto the sportsman’s license for an extra $10, passed the House on Friday. Another bill, HB 407 (Rep. Bob Brown, R-Thompson Falls) was heard in the House FWP that would drop additional wolf licenses from the current $19 to $12. MWF supported both.

State Parks Funding Advances

SB 24 (Sen. Terry Gauthier, R-Helena) would increase the fee on motor vehicle licensing from the current $6 to $9, and allocate the money to state parks, fishing access sites and trails. The bill drew broad support from numerous interests but was rejected by the Senate Fish and Game Committee before it was blasted onto the Senate floor. It passed with a strong 31-19 bipartisan vote this week and is heading to the Senate Finance and Claims Committee.

Preference Points and New Hunters

HB 397 (Rep. Matt Regier, R-Columbia Falls) would extend for three years the timeframe for non-residents who apply for deer and combination big game licenses to keep their preference points. And HB 360 (Rep. Matt Regier, R-Columbia Falls) would give first-time resident hunters a half-price license in an effort to incentivize new hunters. The bill had a very small reduction in funding for FWP, and MWF supported both it and HB 397.

Bison Bill

A bill that would give county commissions the authority to approve or deny bison transplants was heard this week in the House Agriculture Committee. HB 332 (Rep. Joshua Kassmier, R-Ft. Benton) would extend wildlife management decisions to county commissions, even though they have no professional wildlife staff. MWF opposed the bill.

As we approach the transmittal deadline when many bills must pass one chamber of the Legislature, expect the pace to keep picking up, so check our Bill Tracker for the latest updates. And for more frequent updates, please join the MWF Legislative Action Team.

Nick Gevock

MWF Conservation Director

 

MWF Calls for Elimination of Elk Shoulder Seasons

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The Montana Wildlife Federation (MWF) has called for the end of all elk shoulder seasons for the 2019-2020 hunting season so state wildlife biologists can evaluate how they’re working in their third season of wide-spread use.

MWF in its comments to Montana Fish, Wildlife and Parks said if the shoulder seasons are meant to properly address elk management, they must meet the criteria that ensure we are getting a strong elk harvest during the five-week general season.

“When MWF supported the establishment of elk shoulder seasons we did so based on the premise they would be a temporary action to reduce elk numbers to proposed objectives and to improve the distribution of elk on the landscape,” MWF President Bill Geer said in the letter. “We also agreed that we would evaluate the season’s effectiveness at the end of three years based on specific performance-based criteria.”

MWF called for gathering the data from this year’s elk shoulder hunts and putting out an addendum to the hunting regulations in August for the hunting districts that are meeting the criteria. In addition, MWF recommended a larger discussion of elk management through a structured decision-making process to revamp our state elk management plan and look at whether the elk objectives set in it are out of date.

MWF is committed to working with our landowner partners and FWP for better wildlife management.

Parks, Road Bill and More

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It was another busy week in the Capitol, with Montana Fish, Wildlife and Parks budget hearings, lots of bills moving and having hearings and our intrepid lobbying team working overtime to make sure Montana’s wildlife, wild places and hunters and anglers were represented.

Road Fine Bill Introduced

Sen. Tom Jacobson, D-Great Falls, introduced SB 224. This simple bill would increase the fine for gating an established county road from the current $10 per day to up to $500 per day. The bill has been assigned to the Senate Highways and Transportation Committee and should get a hearing soon. Look to the MWF homepage, Facebook page and for our email action alerts to get involved as this important bill moves ahead.

This is the second time Senator Jacobson has brought this bill forward. Groups dedicated to decreasing access and closing roads leading to public lands have used their political sway to keep the bill in committee and not allow it to go to the floor for a full hearing. With over 60 co-sponsors, we hope that it has a fair hearing, and moves forward this time. We’ll be working with the Montana Association of Counties as well as our affiliate, the Public Land and Water Access Association to push this bill to the finish line. More on this as it develops, but get ready to help with your voice!

Parks Funding Bill

A bill that would increase funding for state parks, as well as trails and fishing access sites, moved forward this week.

SB 24, sponsored by Sen. Terry Gauthier, R-Helena, was tabled 6-4 in the Senate Fish and Game Committee, but then was blasted out of committee and to the floor Friday on a 30-16 vote. The bill would raise the current opt-out $6 fee on motor vehicle registration to $9, and allocated the money to state parks, trails and fishing access sites. It has support from numerous communities, recreation interests, and health care insurers. We expect second reading on the bill early next week, and will be tracking it as the session continues.

Crossbows in Archery Season

The Senate Fish and Game Committee also heard a bill that would allow crossbows by disabled hunters and those over 70 during the archery-only season. SB 174, sponsored by Sen. Doug Kary, R-Billings, drew supporters who argued it would open up opportunity for disabled and older hunters. However, the Montana Bowhunters Association (MBA), Traditional Bowhunters of Montana and MWF, among others, came in against the bill. The real issue with this bill is that it isn’t necessary, since the fish and wildlife commission can already establish rules and regulations for archery seasons, including what weapons are used, and by whom. Our friends at the Montana Bowhunters Association have developed a technology matrix to deal with this, which has been adopted by the Commission. For decades, MBA has also provided fee adaptive equipment for disabled hunters.

Trapping Bill

HB 287, sponsored by Rep. Bridget Smith, R-Wolf Point, was heard in the House FWP committee this week. It would put into state law a mandatory 24-hour trap check. MWF opposed the bill because we don’t support putting things into state law that the Fish and Wildlife Commission has the authority to do. Trap check timing is set by the commission, based on input from trappers, biologists, recreationalists and others who are able to participate in stakeholder meetings at the local level. MWF is a strong supporter of this model, and because of that, we opposed this bill.

Conservation Easement Bill

HB 265, sponsored by Rep. Kerry White, R-Bozeman, would reverse last year’s state Supreme Court ruling that determined conservation easements are complete once the Fish and Wildlife Commission approves them. HB 265 would create more bureaucratic headaches and possibly put the private property rights for landowners to enter into agreements with FWP into jeopardy. The Stenson family & the Horse Creek easement, which was the impetus for the court battle, testified against the bill in the House FWP committee, as well as MWF, the Montana Sporting Coalition and many other sporting and conservation organizations.

Licensing Bills

SB 167, sponsored by Bruce Gillespie, R-Ethridge, would extend the free licenses provided to military members when they go on active duty for five years, and reset the time period. MWF testified in support of the bill to show gratitude for public service. The bill would have no effect on FWP’s budget.

HB 275, sponsored by Rep. Frank Garner, R-Kalispell, would clarify which veterans qualify for free licenses from residents under a program created in 2013. The program allows a Montana resident to give his or her license to a disabled veteran for use in programs in which they’re guided. MWF spoke in favor of the bill.

HB 104, providing the required free prerequisite base hunting and aquatic invasive species stamp for landowners who are in the Block Management program, passed out of the Senate Fish and Game Committee. MWF supported it.

The committee also heard HB 43, which allows for a free elk license for landowners who open up their property to at least four public hunters chosen by FWP. The free licenses are non-transferrable and can only be used by the landowner, their immediate family or a designated full-time employee. Again, MWF supported the program because it has strong sideboards and has the potential to open up private land to public hunters and build hunter-landowner relations.

Other Bills

A range of additional bills continue to move ahead in the Legislature. They include:

HB 239 which allows hunters to donate back drawing fees for the Block Management program passed the House.

SB 79 which clarifies how bonus points are awarded for hunters applying as a party passed out of the Senate and moves to the House FWP committee.

FWP’s Budget

FWP’s budget hearing was this week, with the Montana Wildlife Federation and Montana Trout Unlimited standing up to support agency priorities. That included requests in HB 2 increased funding for wardens. It also worked to address the funding that was removed in previous budgets for hatchery operations, fisheries management, as well as allow FWP to purchase some new equipment like boats, ATV’s and other fleet vehicles that are coming to the end of their serviceable life. FWP operates in extreme conditions, and its gear needs to be in good shape. Some of the boats and snowmobiles agency personnel uses are 15 to 20 years old and have a lot of hours on them. It’s time to modernize the fleet and keep our wardens, biologists and wildlife management area personnel in the field, doing what they do best.

HB 5, which contains Habitat Montana, fisheries access, Governor’s tag money for bighorn sheep, moose and mountain goat advanced out of committee this week as well. No amendments were made on the bill that would negatively impact these critical habitats and access programs. We’re hopeful that the Legislature continues its good work and allows Habitat Montana and the other programs to carry on to serve the citizens of Montana.

And finally, HB 10 also came up for a hearing this week. This bill contains a $10 million provision to replace the now 20-year-old Automated Licensing System. You know it as the program that crashes every time you try to find out if you’re successful in drawing that 380 elk tag, or the 270 mule deer tag. We’ll keep bird-dogging this effort so FWP’s licensing system isn’t ancient, in software terms.

Looking Ahead

A whole new set of bills will be heard next week before several committees on matters that affect our wildlife, habitat and sporting opportunity. Stay informed by checking our bill tracker.

For more frequent updates, join our legislative action team and please ask friends and family to join as well.

 

Nick Gevock

MWF Conservation Director

 

Crack Down on Illegal Road Closures

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A bill introduced in the Montana Legislature this week would give county attorneys a strong tool to prevent public road closures by increasing the outdated fine for illegally gating established county roads.

Senate Bill 224, sponsored by Sen. Tom Jacobson, D-Great Falls, would increase the fine for an encroachment on a county road from the current $10 per day to up to $500 per day, with no minimum fine. Jacobson is bringing the bill to crack down on people who illegally block the ability of the public to get to national forests and other public lands by putting up encroachments on county roads that lead to those lands.

“For decades, this fine has been so low that it’s simply no deterrent for people to gate off county roads and block off public lands,” Jacobson said. “And when access to our public lands is blocked off, it turns that land into private playgrounds for the lawbreakers who are doing it and the public loses.”

The bill is strongly supported by hunters, anglers, and other public land users who are tired of seeing illegal gates on public roads that lead to public lands. It has support from county attorneys and officials who are caught up in litigation when a road is gated off and becomes the focus of lawsuits.

Numerous county roads have been illegally gated throughout the state. A prime example is the Hughes Creek Road in Ravalli County. This road has been illegally closed to the public for more than three decades – even though courts have affirmed that it is a legal public road. The road leads to the Bitterroot National Forest and re-opening it would restore thousands of acres for public hunting, hiking and wildlife watching.

“Having a real, meaningful fine in state law for gating these public roads will give county attorneys a strong tool to get these roadblocks taken down quickly,” said Erin Arnold, Senior Civil Deputy County Attorney for Gallatin County. “A lot of these cases could be prevented in the first place, or resolved quickly if the penalty is a real deterrent.”

“The first step toward keeping public roads open to public use is having some real teeth in the fine,” said Dave Chadwick, executive director of the Montana Wildlife Federation. “Senator Jacobson’s bill will make people think twice before they put up barriers to the public’s legal access to public lands for hunting, fishing, and other uses.”

Please support SB 224 to put some teeth into state law and help improve public access to public lands by signing the petition.

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.