Wednesday, September 27, 2017

Watchdogging From Helena & U.S. Senate Candidate Troy Downing FWP Citations

"The American people deserve to know that their elected leaders
play by the exact same rules that they play by
and that their lawmakers' only interest is what's best for the country,
not their own financial gain.
The American people deserve to know that their elected leaders play by the exact same rules that they play by and that their lawmakers' only interest is what's best for the country, not their own financial gain.
Read more at: https://www.brainyquote.com/quotes/quotes/k/kirstengil623961.html
The American people deserve to know that their elected leaders play by the exact same rules that they play by and that their lawmakers' only interest is what's best for the country, not their own financial gain. Kirsten Gillibrand
Read more at: https://www.brainyquote.com/quotes/quotes/k/kirstengil623961.html
The American people deserve to know that their elected leaders play by the exact same rules that they play by and that their lawmakers' only interest is what's best for the country, not their own financial gain. Kirsten Gillibrand
Read more at: https://www.brainyquote.com/quotes/quotes/k/kirstengil623961.html
"
~
Kristen Gillibrand, American Attorney and US. Senator





Watchdogging from Helena
I love tools of all kinds. Late spring, early summer I began debating about moving to Helena to avail myself of the resources here, such as the Law Library, the Historical Society, State Agency meetings like the State Land Board, as well as the Legislature, to better watchdog for our public trust. So I busted my ass this summer, found a small home to rent in Helena just before September and have spent the last month moving. Thanks to the help of some friends (with trailers), I am now a Helenite.

I find it appropos, for me, that the Helena flag has the watchtower, to keep an eye out for fires, as its symbol. Hopefully, this will translate into more effective research and networking.

Republican U.S. Senate Candidate's FWP Citations
The following information involves Republican U.S. Senate Candidate, Troy Bryan Downing's FWP Citations and Montana County voting information. His Omnibus Hearing at the Gallatin County Justice Court is scheduled for November 15, 2017, at 1:30pm. Documents linked here. Downing is running against current Democrat Senator Jon Tester.

Back in August I read an article by Don Pogreba, Let’s Talk About Troy Downing For a Moment, questioning the Montana residency status of Montana U.S. Senate candidate Troy Bryan Downing.

I feel that elected lawmakers ought to be held to a higher standard when they serve the public, not a double standard, as though the laws don't apply to them. We need to elect candidates that uphold the laws, especially those that deal with our Public Trust.

Researching FWP Game Warden citation data for a wee bit now, I know one of the ways to access residency information, if a person hunts and fishes, is through their hunting & fishing license history. So I placed a FWP public information request for Downing's Montana history, as well as Alaska (from another news article) and California.

He only hunted in Alaska in 2001, showing California as his place of residency. California denied my Public Records Act request. However, I received my Montana information requests (PDFs on webpage).

Troy Bryan Downing applied for Nonresident Conservation and Season Fishing licenses in 2002, 2003 and 2004. There were no records from 2005-2010. He applied for various Resident licenses in 2011-2017.

However, my other public information request was to see if there were any FWP citations; there were - 7 of them.

Per the FWP citations, 6 times, between 2011 and 2016 (except 2012), Downing applied for Resident licenses as a nonresident, in violation of MCA 87-6-303(1)(a) - "In that said defendent did knowingly or purposely or negligently commit the following offense: Nonresident license or permit offenses - Unlawful purchase of or apply for resident license by nonresident." There was an a 7th citation for 87-6-302 (1)(c) - "In that said defendent did knowingly or purposley or negligently commit the following offense: Unlawful procurement of license, permit, tag - Assist unqualified applicant in obtaining a license." If Downing is found guilty of breaking this law, and shot any wildlife with those licenses, he may have additional citations forthcoming.

Montana FWP Residency Requirements. "A person who has physically resided in Montana as the person’s principal or primary home or place of abode for 180 consecutive days and who meets all the criteria listed below immediately prior to making application for any license is eligible to receive resident hunting, fishing, and trapping licenses... owning property in Montana does not in and of itself make an individual a Montana resident."

For those that aren't aware, a Resident license is less expensive than a Non-Resident license. A nonresident purchasing a Resident license is a theft to the agency which manages our public trust resources and habitat with those dollars. In my opinion, such a theft is not only illegal, but also unethical.

I also contacted the Madison County voting office, since the Montana Cadstral shows Troy Bryan Downing owning a parcel with the Yellowstone Mountain Club on Travertine Road since 2004. They stated he was registered to vote on Feb 22, 2012 in Madison County, but no voting record. I called Gallatin County and was told that Downing was registered on Aug. 2016, voted in the November general election and the May 2017 Special election with an address of 60 Upper Moose Hill Rd., Big Sky, MT.

Crazy Mountain Public Access Articles in Outside Bozeman
Don Thomas (E. Donnall Thomas) wrote 2 articles for Outside Bozeman's Fall issue. Gone Crazies (pg. 42) providing a good overview of public access issues in the Crazy Mountains. The other is part of an interview series - By the People, For the People, Local Warriors In The Fight For Public Land, beginning on page 78 - The Journalist, The Lawyer, The Angler and The Advocate. Thomas interviewed me this summer, while I was beginning all the Crazy Mountain reporting ( I didn't label myself as Journalist, I view myself more of a public trust researcher and watch dog.). Outside Bozeman also ran my article, Crooked Paths, on page 50, dealing with prescriptive easement roads/trails and the Crazy Mountains.

Forest Service Crazy Mountain FOIA's
Two of my Forest Service FOIAs on the Crazy Mountains have been denied, I am filing appeals. I also attended a public meeting with the Custer Gallatin Forest Supervisor, in Livingston, on August 10th, taking audio. I will put the link out in a future newsletter, not having time to transcribe some key points yet because of the moving. It was about 2.5 hours.

BHA Responds to Zinke Accusations of Disloyalty Within Interior Staff
In response to yesterday’s speech by Interior Secretary Ryan Zinke before the National Petroleum Council, during which he claimed that a third of his staff at the Interior Department is “not loyal to the flag,” Backcountry Hunters & Anglers President and CEO Land Tawney issued the following statement:

“Each and every day, we at Backcountry Hunters & Anglers work with the public servants who are entrusted as caretakers of our vast natural resources – lands and waters that are owned by every American citizen. We are proud to stand side by side with these dedicated individuals... Read More

Here is the Washington Post's article on Zinke's speech.
 
 " 'The public servants at [Interior] deserve respect from the man charged with leading them — not cheap shots in the press,' Cantwell said. Zinke’s comments 'betray a fundamental misunderstanding of the role of federal civil service,' she added. 'They are nonpolitical employees charged with implementing and enforcing laws passed by Congress.'
Other groups — the Coalition to Protect America’s National Parks, Public Lands Foundation and Association of Retired Fish and Wildlife Service Employees — also took issue with the remarks. 'Saying that over 20,000 employees in his department are not loyal to the flag is simply ludicrous, and deeply insulting,' the groups said in a joint statement. They called on the secretary to apologize."
 

Click to be a Contributor or Subscriber to
Enhancing Montana's Wildlife & Habitat



Thank you,
Kathryn QannaYahu
406-579-7748
www.EMWH.org
Helena, MT