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.
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 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 websitefor alerts and information as bills come forward. You can also check our bill tracker for real-time updates on the status of bills.
When FWP’s Automated License System was created, smartphones didn’t exist and people were searching the web with Alta Vista. It doesn’t make sense to use a 20-year-old system for selling hunting and fishing licenses, managing permits, and collecting data. HB 10 includes funding for a long overdue upgrade to the ALS – which won’t cost taxpayers anything because it will be paid for with hunter/angler license fees. MWF joined a broad coalition of sporting groups in sending a letter to the House Appropriations Committee urging passage of this needed system.
A new bill introduced today by Senator Jon Tester will help address Chronic Wasting Disease (CWD) – a debilitating and always-fatal neurological disease in deer, elk and moose that threatens big game populations and hunting opportunities in Montana and nationwide. The disease was detected in Montana in 2017 and has been confirmed in 26 states so far.
The Chronic Wasting Disease Management Act will authorize $35 million funding for state and tribal wildlife agencies to take action in response to CWD. It also authorizes $25 million in funding for practical research to understand and respond to the disease.
“Chronic Wasting Disease is a threat to Montana’s big game, our hunting opportunity, and ultimately our outdoor economy,” said Dave Chadwick, executive director of the Montana Wildlife Federation. “Senator Tester’s bill will marshal the resources that our wildlife managers need to fully understand this disease and rapidly respond to outbreaks.”
“Chronic Wasting Disease is a clear and present danger to North America’s deer, elk, and moose herds, and the hunters and communities that depend on them,” said Mike Leahy, director of Wildlife, Hunting and Fishing Policy for the National Wildlife Federation. “But even though the disease has continued to spread, there’s been a lack of urgency in our federal leadership. That promises to change, with these plans to provide states and tribes the support required to respond to this critical threat to America’s wildlife.”
A companion bill to Senator Tester’s bill was also introduced today in the House of Representatives by Reps. Ron Kind and Jim Sensenbrenner of Wisconsin.
Friday marked transmittal for the 2019 Montana Legislature, which is the halfway point of the session and the day when non-revenue bills must have passed the chamber of the Legislature they were first introduced in, or they die.
For Montana’s hunters, anglers and wildlife supporters, it’s been a mixed bag. Some good bills have died and many are still alive, while many bills we have opposed have been killed and others are going to have to be worked on in the second half. The one constant is that the Montana Wildlife Federation’s staff, lobbyist and volunteers have been in the capitol every day to give our wildlife, habitat and sporting heritage a voice.
Here is the “halftime report” for our key issues:
Access Bills
Working to improve public access to public lands is a key priority for MWF. Several bills are moving in this category and we’re working to advance two bills that could help address gated roads, while we’re opposing one that could further throw doubt into roads’ public status.
SB 301 (Sen. Jason Small, R-Busby) would require that anyone gating a road that leads to public land get permission from the county commission beforehand. The bill passed the Senate 45-5, showing strong support for better public access to public lands. It will now go to the House.
HB 550 (Rep. Alan Redfield, R-Livingston) is a bad bill for public access. It could redefine public roads that lead to public land by removing them from maps for the gas tax rolls. These maps and gas tax rolls are used to help determine the status of public roads that lead to public land, and once they’re off a public map they’ll be further in doubt as the public fights for public access. The bill passed the House 58-42 and heads to the Senate after transmittal. MWF opposed the bill and will continue working to amend it so it doesn’t impact those maps, or kill it if we can’t work with the sponsor.
HB 5: This is a big infrastructure bill. What does that have to do with access? Everything. HB 5 contains both Habitat Montana and fishing access site money. It’s currently sitting in House Appropriations, waiting on executive action. We expect it to be picked up when the Legislature reconvenes.
Elk Management
Elk management and the future of the extended shoulder seasons has been a big topic this session. Two bills that would have put shoulder seasons into law and a resolution have passed the House, although they have been amended.
HB 497 (Rep. Wylie Galt, R-Martinsdale) would have allowed additional cow elk “B” tags during shoulder seasons. It was amended to remove the shoulder seasons language but would give the Fish and Wildlife Commission the authority to issue an additional cow elk license. That would make b license allocation similar to deer licenses. With these amendments, MWF has dropped our opposition and we thank both the Sponsor Wylie Galt (R-Martinsdale) and the amendment sponsor, Zach Brown (D-Helena) for working together to find common ground on a tough issue.
HJ 18 (Rep. Wylie Galt, R-Martinsdale) was problematic for a variety of issues. It needlessly pitted landowners against hunters, called for party hunting, concrete dates for shoulder seasons that would eliminate the discretion of regional and local wildlife managers and would have encouraged bad behavior. MWF strongly opposed the bill. On the House floor, Rep. Zach Brown made two amendments. 1.) The party hunting was amended out, and 2.) An amendment to have Montana FWP provide a more comprehensive list of landowners who participate in the seasons.
Both amendments were put on the bill. MWF still opposes HJ 18 for the reasons mentioned above, but we thank the sponsor and the amendment sponsor for their willingness to work with the hunting community and seek a better solution.
Elk Management in Montana is tricky. With over 70 percent of the state in private hands, we must work with landowners to find better ways to manage elk that respect the public trust doctrine, while also respecting private property rights. We’re hopeful that the FWP budget remains intact, so we can hopefully start down that road together when FWP begins its new elk management plan later this year.
Fair Chase Hunting Ethics
SB 127 (Sen. Jill Cohenour, D-East Helena) would bar people from selling the data on specific big game animals. This is a trend in other states that we want to get out in front of. The bill has passed the Senate and is going to the House. MWF strongly supported it.
SB 283 (Sen. Jill Cohenour, D-East Helena) would have set up rulemaking authority for the Fish and Wildlife Commission to withhold specific data about wildlife, such as den locations, nesting areas, etc. MWF supported the bill, but it died in the Senate Fish and Game committee.
SB 187 (Sen. Mike Phillips, D-Bozeman) would have barred people from running over predatory animals with vehicles, including coyotes. The bill died in the Senate Fish and Game committee. MWF supported it.
Wolf Bills
Several bills have come forward this session that would affect wolf hunting, trapping and the cost of licenses for wolves. MWF has been engaged on all of them.
HB 551 (Rep. Bob Brown, R-Thompson Falls) would have allowed wolf hunting at night. MWF opposed the bill based on how the bill was written, as well as the ethical implications. It died on the House floor 56-44.
HB 279 (Rep. Bob Brown, R-Thompson Falls) would allow groups to pay trappers a bounty for dead wolves. MWF does not support bounties for game species and opposed the bill. Montana has ample wolf hunting and trapping opportunity. The bill has passed the House and is heading to the Senate, where we will continue to oppose it.
HB 291 (Rep. Becky Beard, R-Avon) would create a voluntary account with Montana FWP in which hunters could make a donation to the US Department of Agriculture’s Wildlife Services. In the past, voluntary accounts have not generated much funding and in many cases actually cost FWP money administrative costs. MWF opposed the bill but asked for a sunset to try it out. The bill has passed the House and will head to the Senate.
The other wolf bills, all sponsored by Rep. Bob Brown, R-Thompson Falls, would lower the cost of wolf licenses. They include HB 280, which would allow resident hunters to add a wolf license onto their sportsman’s license; HB 407, which would lower from $19 to $12 the cost of a wolf license for residents; and HB 281, which would give non-residents who purchase a big game combination license a half-price wolf license for $25. MWF worked on all of these bills and supports the current versions in play.
Bison Bills
HB 332 (Rep. Joshua Kassmier, R-Ft. Benton) would require county commission approval for the translocation of bison. This bill has been vetoed three times before. It has passed the House and MWF continues to oppose this bill that would give county commissions authority over wildlife management.
HB 132 (Rep. Ken Holmlund, R-Miles City) would redefine bison and make any bison that has been held in captivity domestic livestock. That would turn all bison from Yellowstone National Park that go through the quarantine facility there to ensure they’re free of brucellosis into domestic livestock. The bill has passed the House. MWF is opposed to this bill that would convert valued native wildlife into livestock and stifle future efforts to restore wildlife where appropriate.
AIS Funding
Aquatic Invasive Species (AIS) and the threat they pose to our waterways and coldwater fisheries were a big issue in 2017 and continue to be. Montana FWP got its boat inspection program up and running quickly and it has been successful. The issue now is how to fund it in the future.
There are several bills in the mix, including HB 32 (Rep. Willis Curdy, D-Missoula) is the bill that came out of the Environmental Quality Council. It would not include hydropower to help pay for the program. The bill would include funding from the state general fund, as well as from anglers through fishing licenses. It had a hearing in early February in the House Natural Resources committee but has not been voted on.
HB 411 (Rep. Willis Curdy, D-Missoula) is another bill addressing AIS funding that creates prevention passes for boats but also broadens the funding to other sources. MWF is engaged in this and the other bills that would affect the funding to run the AIS program. We will continue to work on this major issue for our fisheries and waters.
Sage Grouse
Montana’s sage grouse conservation plan is under attack this session as well. SB 299 (Sen. Mike Lang, R-Malta) would exempt the majority of development in sage grouse habitat from the standards and mitigation rules under the plan. It would likely lead to a listing of the species under the Endangered Species Act by severely weakening the plan that took a broad coalition of interest groups including industry and agriculture to develop. The bill has been amended to make it better, but still has numerous problems for the future of sage grouse conservation. MWP opposes the bill.
Grizzly Bear Resolution
SJ 6 (Sen. Mike Cuffe, R-Eureka) called for Congress to remove grizzly bears throughout all of Montana from the federal Endangered Species List. MWF sees the grizzly bear recovery in the Greater Yellowstone and Northern Continental Divide ecosystems as a great success and supported their delisting. We have worked with the sponsor to amend the resolution to where it calls for delisting the two populations and revamping the 1993 larger grizzly conservation strategy, among other things. It’s a much better resolution that we will now support. Our sincere thanks to Senator Cuffe for his willingness to draft a resolution that brings all sides together, rather than seeking to divide Montanans on an issue which most agree on.
State Parks
SB 24 (Sen. Terry Gauthier, R-Helena) would raise from $6 to $9 the fee on motor vehicle licenses to fund state parks, community trails and fishing access sites. The bill drew support from a broad coalition including communities, health care, and outdoor recreation. It was tabled in the Senate Fish and Game committee but was blasted onto the Senate floor where it passed 31-19.
FWP Funding
Montana FWP came into the session in sound financial shape, largely because of the revamp of hunting and fishing licenses passed by the 2015 Legislature. That bill also called for a four-year review of licenses, and the agency is not requesting a fee increase because of its financial health.
It is asking for one-time capital expenditures including upgrades to regional headquarters and fish hatcheries, some equipment including ATVs, boats and two helicopters for game surveys, and a handful of new positions including grizzly bear prevention specialists and a wildlife management planner to help craft new plans.
The budget is laid out in HB 2 (operations), HB 5 (capital expenditures) remains in good shape after coming through the subcommittees largely intact.
In addition, FWP is asking for a new Automatic Licensing System (ALS). It comes with a $10 million price tag but is justified. The system is nearly 20 years old and serves as the major vehicle for FWP to buy licenses, apply for permits and give information to the agency. MWF supports the move and has worked with the Montana Sporting Coalition to show that broad support from the sporting community.
Other Bills
SB 174 (Sen. Doug Kary, R-Billings) would have allowed crossbows for disabled or hunters over the age of 70. The bill died on the Senate floor 37-13. MWF opposed it.
HB 509 (Rep. Gordon Pierson, D-Deer Lodge) would have required FWP to get a third party verification of its wildlife and fish counts. The bill would have cost FWP more than $400,000 per year. It died in the House FWP committee. MWF opposed the bill.
SB 247 (Sen. Jill Cohenour, D-East Helena) would renew for 10 years FWP’s authority to hold water rights to maintain instream flows.
That’s a quick highlight of the bills on our core issues that have come forward. More than 60 have been introduced, and more are expected to come forward in the second half of the session.
Thanks as always for being a member of our Legislative Action Team. MWF staff will continue to put out updates on important bills through our Facebook page, through our blog posts and with our regular weekly update on our blog. You can also access our bill tracker, which is updated in real time, on our homepage.
Please encourage friends and family with an interest in wildlife to join the LAT.
Nick Gevock
MWF Conservation Director
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.
