FWP's Game Damage Hearing Process

After spending much time on the FWP's proposed amendment to Game Damage, and the interconnecting subject of their Elk Shoulder Seasons subject, we witnessed the public hearings on the 11th and 12th of August. The meetings were set up with Helena as the homebase. There was a legislative services employee and FWP's Alan Charles, Landowner Sportsmen Coordinator. 

First, Alan Charles gave a brief overview of why they felt the need for the rule changes. Then there was a question period where each of the satellite offices could ask a number of questions, with Alan Charles answering the questions posed. Finally, they gave each person only 2 minutes to make a public comment. You were also told that you could submit additional comments in writing. 

On the 11th the Helena location had 3 sportsmen attend: Gayle Joslin (retired FWP and Helena Hunters and Anglers spokesperson), Jim Posewitz (retired FWP and HHAA) and Rod Bullis. Joslin and Bullis spoke against the amendment. Joslin's comments on behalf of Helena Hunters and Anglers, as well as her perspective as a former FWP wildlife biologist, who worked with the game damage program are linked below. The Billings meeting had 5 hunters attend and comment, generally opposing the amendment: Ron Moody, John Gibson, Tom Madden and Bob Allen, all commenting for themselves, also JW Westman for Laurel Rod & Gun Club. The satellite hearings in Kalispell, Glasgow and Miles City did not have any commenters.

On August 12th, the Missoula satellite saw Tim Aldrich begin his comment voicing concern, only to be cut off because of the 2 minute limit. In Bozeman we had Vito Quatraro, Rob Gregoire, myself (Kathryn QannaYahu, hearing comment below) and Dr. Bill Mealer, opposed to the bulk, if not all of the amendment. This morning saw Vito writing about his concerns over this process - Ranching For Wildlife.

Many of us did not know about this proposed rule change until a couple weeks ago. At the hearing last night, I filled out a paper I have never seen at an FWP meeting before - an  FWP Interested Persons List form. You can check off the subjects of interest to you, when they make these formal rule changes, you are then notified. So I called our local FWP office and got a copy sent to me and put it online for download. Please take the take to fill one out and mail it in. This way we wont be caught short on future situations.

Also, public comment deadline for this Game Dmage Proposed Amendment is August 21st. Please send comments to fwpgamedamagearms@mt.gov  or in writing to: Department of Fish, Wildlife and Parks, Wildlife Division, P.O. Box 200701, Helena, MT  59620-0701.

More concerning, was my call to Legislative Services yesterday morning to find out the process. So we have made our comments, now what? Here is what happens next - First, FWP will review the comments received and decide whether to pursue the amendment, modify it or go forward as planned, this is slated to be a couple of weeks. If they go forward as planned, they can totally ignore all testimony at the hearings and any comments submitted in writing, if they choose, filing a final adoption notice with the Montana Secretary of State, who then publishes it. That's it! No other way to stop this, short of litigation against FWP. Except, we may have one possible avenue, the EQC. The Environmental Quality Council is over the FWP during the interim legislature. They have a meeting coming up on Sept. 9th & 10th, the agenda is not fixed and published yet. I'm looking into this now and have spoken with a handful of other hunters that know members.

Game Damage Public Hearing Helena Hunters & Anglers 8/11/2015
Game Damage Comment - Gayle Joslin, retired FWP  8/11/2015 (small quote below)
Game Damage 2nd Comment Helena Hunters & Anglers 8/12/2015

 
I was employed by Montana Fish, Wildlife & Parks for 30 years as a wildlife biologist, the last 20 of that for the Helena Area. I dealt with numerous game damage complaints and implemented several game damage hunts, provided stackyards, kill permits, and aversive conditioning devices. I kept excellent records that came in very handy. All of the landowners that received assistance through me provided public hunting opportunities. There were several other folks that requested assistance but did not meet the criteria, and so did not receive materials or hunts, but we would discuss ways to deal with their circumstances.

I point this out because during all the game damage hunts, I never had trouble recruiting hunters, through the process that we had in place at the time.

I am quite concerned with the notion that landowners would be allowed to develop their own exclusive list of hunters, and thus the real possibility that the general public may be excluded from game damage hunts or management seasons. As the proposed regulations are now phrased, this is a real possibility. Montana’s wildlife is stewarded as a Public Trust on behalf of the state’s citizens by FWP. Exclusive use of landowner-generated hunter lists would be a breach of that responsibility.

Kathryn QannaYahu Hearing Comment on ARM amendment proposal for Game Damage August 12, 2015 

I oppose this proposed amendment. I feel it is simply a response to legitimize the illegal and unregulated actions FWP has been committing, per the May 2015, Legislative Services performance audit on FWP's Game Damage Program.

The following are quotes from the 56 page audit:

"Overall, we found 82 percent of game damage complaint files had missing or incomplete complaint forms or landowner eligibility worksheets. Audit work found documentation was problematic in every region we visited."

"Several landowners received game damage assistance though documentation indicated they were not eligible... having limited or no public hunting access…,"

"there needs to be more supervisory oversight and responsibility over regional game damage program activities... the department could not always provide documentation showing the department director or the local commissioner approved game damage hunts and management seasons prior to implementation. "

"For most hunts and seasons the department allowed landowners to select between 25 to 50 percent of the hunters, with the remainder selected from the game damage hunt roster... one example allowed a landowner to select all of the hunters."
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Concerning the striking of "season" replaced by "hunt" - seasons requires the public commission process, the votes of the whole commission, submission of written and oral public comments; management "hunts" only requires the regional supervisor and commissioner to sign off on it, no public process. This ambiguous proposal to alter the hunt roster by adding, “date to be specified", “or lists of names supplied by landowners" is a threat to the public trust.

With a game damage program in such disarray, lack of oversight and compliance, this amendment proposal is a step towards privatization, continued abuses involving preferential treatment, rather than focusing on compliance to existing game damage laws.Thank you. 

For futher information, please see - Game Damage Isn't Broken, It's Not Properly Being Used by FWP 

Kathryn QannaYahu, Enhancing Montana's Wildlife & Habitat