Tuesday, February 28, 2017

Another Trespass Law Attempt




Oppose - HB 566, EMAIL the HOUSE asap, our comments last time had a major impact!
I want to be very clear, I do not advocate trespassing on private land, but I do advocate access to our public lands and preventing the privatization of our public lands.

I alerted y'all previously about HB 231, with the hijacked trespass bill. I have been trying to keep an eye on judiciary with trespass and this bill to make sure that it doesn't get changed back.

Yesterday morning I saw Rep. Alan Redfield put forth HB 566, which had it's first reading on the 23rd, is scheduled for a hearing on the 8th of March before the House Judiciary Committee.

In HB 231, they tried to pass the hijacked changes off as a mistake by a junior legislator, Rep. Casey Knudsen, I didn't buy it, I felt it was intentional.

Knudsen and Harris, who were involved with the trespass hijacking, are both on the House Judiciary Committee.

Redfield has added the following section to his trespass bill, affecting the same MCA on trespass - 45-6-201.


(5) In cases where it is not practicable to provide effective posting of private land as required by subsections (1) through (3), including private land that is unfenced and situated in a checkerboard ownership pattern with public lands, privilege to enter or remain upon land is extended only by the explicit permission of the landowner. Entry to private property as described in this subsection (5) from adjacent public lands without permission of the landowner or the landowner's agent is an absolute liability offense. A violator of this subsection is guilty of a misdemeanor and shall be fined not less than $50 or more than $500 or imprisoned in the county jail for not more than 6 months, or both.

I wanted to wait until I called FWP legal this morning, to be sure I was reading this correctly and my concerns were warranted. They had not seen this, but Becky Dockter and I talked about this one for a bit, and the attempts on HB 231. My concerns,
  • part of this bill is confusing, stating "land" without a qualifier whether it was private or public needing explicit landowner permission;
  • another part would act like a trespassing trap, in that recreationists would not know if they had unintentionally crossed onto unposted, unfenced private land from public checkerboard land ownership;
  • by not posting private, this could go towards landowners treating checkerboarded, even partially surrounded public lands as private;
  • legally make corner crossing against the law, where no statute currently exists.

Fiscal Note
There is no fiscal note link yet, and again, like HB 231, a fiscal note would involve FWP (our license dollars), the DNRC (our state dollars) and the counties with the changing of the law involving trespass, the informational publications and presentations, which have had this trespass law published to educate the public at large, will have to be revised, published and distributed, at great taxpayer cost and time.

Under the definitions of 45-6-201, (5) it states, "The department of fish, wildlife, and parks shall attempt to educate and inform all persons holding hunting, fishing, or trapping licenses or permits by including on any publication concerning the licenses or permits, in condensed form, the provisions of this section concerning entry on private land. The department shall use public media, as well as its own publications, in attempting to educate and inform other recreational users of the provisions of this section. In the interests of providing the public with clear information regarding the public nature of certain unfenced rural rights-of-way, the department may develop and distribute posting signs that satisfy the requirements of subsection (3)."
  • These publications and education efforts would affect not only FWP, but our DNRC with the State trust public lands and connecting Federal public lands agencies publications, and the counties at least, at great taxpayer cost and time.
Legislative services stated the fiscal note may not be up for a week.


Corner Crossing
This passage could legislate corner crossing, which does not currently exist. On page 22 of the Montana Access Guide, it talks about the checkerboard situation.

"What does the law say with regard to corner crossing? Corner crossing (such at at section corners) in checkerboard land patterns is not recommended. Recreationists are advised to obtain permission from the adjacent landowner to reduce conflict and ensure compliance with applicable access laws and rules.
There are no laws that prohibit corner crossing."

  • There are no laws that prohibit corner crossing from a public parcel to a public parcel. While the access guide does not recommend it to avoid conflicts, there is no law prohibiting it.
  • While it states private land and public land in various places, it has no such designation when stating, "privilege to enter or remain upon land is extended only by the explicit permission of the landowner." Does this apply to entering and remaining upon public checkerboarded land?

No Posting Requirement
This bill, once again removes effective posting requirements from the landowner, stating, "In cases where it is not practicable to provide effective posting of private land as required by subsections (1) through (3)", discussing checkerboard ownership pattern.
  • Who is going to be the arbiter of what is "not practicable"  to provide effective posting?

Penalites
Then it goes on to state that entry to private land from public land, without landowner permission is an offense, a misdemeanor and shall be fined not less than $50 or more than $500 or imprisoned in the county jail for not more than 6 months or both. 

Redfield doesn't want the landowners responsible for designating what is private. Again, just as with HB 231, removing the requirement to post would cause a speed trap scenario. Conviction would not only put a misdemeanor on a person's record, but would involve court costs, a fine and/or possible imprisonment or both.


I am for preventing unknowing trespass to private property.
How does
this bill help to prevent unknowing trespass on private land?
It doesn't.



Please oppose HB 566 and email the House of Representatives (addresses below)
or call 444-4800.


House of Representatives addresses
 

Rep.Kim.Abbott@mt.gov, Jbachmeier4hd28@gmail.com, nancyballance@aol.com, Danbartel2@gmail.com, becky4hd80@blackfoot.net, bennettforhouse@gmail.com, Rep.Seth.Berglee@mt.gov, Rep.Laurie.Bishop@mt.gov, randybrodehl57@gmail.com, Rep.Bob.Brown@mt.gov, brownformontana@gmail.com, Rep.Tom.Burnett@mt.gov, Rep.Rob.Cook@mt.gov, vcourtforlegislature@yahoo.com, Rep.Mike.Cuffe@mt.gov, Rep.Willis.Curdy@mt.gov, Amanda@amandaformontana.com, Rep.Geraldine.Custer@mt.gov, alandoane@midrivers.com, kimberly.dudik@gmail.com, Rep.MaryAnn.Dunwell@mt.gov, Rep.Jenny.Eck@mt.gov, Rep.Ron.Ehli@mt.gov, Rep.Janet.Ellis@mt.gov, jessmann@mt.gov, Rep.Dave.Fern@mt.gov, Rep.Ross.Fitzgerald@mt.gov, JohnFlemingStIgnatius@gmail.com, Rep.Kelly.Flynn@mt.gov, Rep.Moffie.Funk@mt.gov, wyliegaltformt@gmail.com, frankgarnerhd7@gmail.com, Rep.Carl.Glimm@mt.gov, edgreef@hotmail.com, rep.bruce.grubbs@mt.gov, Rep.Steve.Gunderson@mt.gov, Rep.Jim.Hamilton@mt.gov, Rep.Bradley.Hamlett@mt.gov, Rep.Bill.Harris@mt.gov, Rep.Denise.Hayman@mt.gov, Rep.Adam.Hertz@mt.gov, greghertz11@gmail.com, elliehillhd94@gmail.com, Rep.Ken.Holmlund@mt.gov, Mikeformontana@gmail.com, Rep.Tom.Jacobson@mt.gov, donjonesmt2@gmail.com, Rep.Jessica.Karjala@mt.gov, Rep.Kathy.Kelker@mt.gov, Rep.George.Kipp@mt.gov, Rep.Jon.Knokey@mt.gov, austinforhouse@yahoo.com, Rep.Casey.Knudsen@mt.gov, Rep.Steve.Lavin@mt.gov, Rep.Dennis.Lenz@mt.gov, Denleylogehd14@gmail.com, Rep.Ryan.Lynch@mt.gov, Rep.Forrest.Mandeville@mt.gov, Rep.Theresa.Manzella@mt.gov, kelly@bigskytech.net, Rep.Nate.McConnell@mt.gov, Rep.Wendy.McKamey@mt.gov, Rep.Shane.Morigeau@mt.gov, Rep.Dale.Mortensen@mt.gov, marknolandhd10@gmail.com, Rep.james.ohara@mt.gov, Rep.Andrea.Olsen@mt.gov, Rep.Jimmy.Patelis@mt.gov, Rep.Rae.Peppers@mt.gov, Rep.Zac.Perry@mt.gov, Rep.Gordon.Pierson@mt.gov, jeanbigskybigwin@gmail.com, Rep.Alan.Redfield@mt.gov, Rep.Matt.Regier@mt.gov, Rep.Vince.Ricci@mt.gov, Atomicrosie@gmail.com, Rep.Marilyn.Ryan@mt.gov, Rep.Walt.Sales@mt.gov, Rep.Casey.Schreiner@mt.gov, Rep.Ray.Shaw@mt.gov, Rep.Lola.Sheldon-Galloway@mt.gov, Rep.Derek.Skees@mt.gov, repbsmith@gmail.com, scottstaffanson@gmail.com, Rep.Sharon.Peregoy@mt.gov, Rep.Kathy.Swanson@mt.gov, Rep.Jeremy.Trebas@mt.gov, Rep.Brad.Tschida@mt.gov, Rep.Barry.Usher@mt.gov, Rep.Sue.Vinton@mt.gov, Rep.Kirk.Wagoner@mt.gov, Webb4house@gmail.com, Rep.Susan.Webber@mt.gov, Twelch1213@gmail.com, winwithwhite@gmail.com, tomwoods4mt@gmail.com, Rep.Daniel.Zolnikov@mt.gov,

Sunday, February 12, 2017

In my heart there was a kind of fighting, that would not let me sleep



Legislative Update Feb. 11, 2017

Thank you fellow literary lovers, who appreciated and replied to the last legislative update with additionally applicable Shakespearean quotes. You put a huge smile on my face. :)


Conservation - "Sir, in my heart there was a kind of fighting, that would not let me sleep."

Next update - Cry havoc, and let slip the dogs of war! Quite appropriate for the details of Sen. Jennifer Fielder's attempt on our Constitution and Rep. Kerry White's attempt to carve up Fish, Wildlife & Parks by removing the "Parks" from FWP, sending our Parks to Commerce! That weighty piracy is over 150 pages already.

Thanks to the public's efforts HB 96 did not pass after it was not restored to its original form, though the sponsor, Rep. Zach Brown tried to remove Rep. Flynn's amendment. The final vote was aye 48 to no 52. Please make time to thank the legislators who voted against this bill, they need to hear our thanks, not just our comments, especially the 12 Republicans who did not make this a partisan issue - it was a Montana issue.

Considering the politics surrounding this bill, I would like to make a correction of a statement I heard during the hearing. Rep. Redfield incorrectly directed Representatives to look at their email comments, that the opposing HB 96 comments were not from landowners, but sportsmen. Yes, emails in opposition were from sportsmen and women from across Montana, but those hunters/anglers that are also landowners correctly identified themselves as FWP license holders, voicing concern about our hunting heritage and Montana's resource ethics. These hunters/anglers did not necessarily identify themselves as private landowners, because this issue should not have been about the "haves versus the have nots". I know a number of landowners that sent in comments of opposition, including Joe Perry, who owns thousands and leases more acreage in north Montana, who also happened to be on the PLPW council. Rep. Redfield's statement is part of the polarizing problem, with artificial boxes and labels, not part of the solution.


Ooops, there were a few mistakes on the block email addresses I received. I have double checked them now. For those of you who saved the emails, please make sure to adjust your lists.

House of Representatives:
Add -   Jbachmeier4hd28@gmail.com

Senate
Add - Sen.Margie.MacDonald@mt.gov
Remove - russtempel@gmail.com

 

Now here's something we can support...

Support - HB 295, is being heard in the House Judiciary Committee. To some, the penalty for breaking the law is so small, it is meaningless, like fining a billionaire $10 a day for gating off public access. This bill would increase the current fine, for failure to remove the encroachment, of $10 a day up to $500 a day. Now that may make some think twice about illegally cutting off access.
There are some who intentionally and illegally put up obstructions on public roads, to our public lands, to privatize them. 
Part of my conservation work involves access and I have personally documented a number of cases, contacting authorities of illegal signs, gates, obstructions, to get access restored. This is a growing problem in Montana.

A recent example of a locked, illegal gate (for about 30 years) is that of the Hughes Creek Road in Ravalli County. Generally the cost to restore access is borne by  individuals, hunting/angling groups and organizations like Public Lands/Water Access Association (contributions). Sometimes it is borne by the Montana taxpayers, as in the Tenderfoot Road case, which under Attorney General Bullock, began legal actions to restore access.

Outdoor recreation and tourism is one of the largest economic drivers in Montana, yet Montana leads the other western states with almost 2 million acres of public lands not accessible, some of which is illegal.

Please support HB 295 (Representative email addresses below)




Support - HB 290, currently in the House, Business and Labor committee. We need better commercial Outfitter reporting laws, not less. At this time, the Board of Outfitters does not have their own investigators/enforcers for their operational plans and records. Basically, they have been unregulated since they dropped the Memorandum of Understanding with FWP Enforcement in 2010 and stopped paying FWP (used to be $60,000, I have the MOU, Outfitting didn't supply my information request, I had to get it from FWP). It was years that the Board of Outfitting would not supply the data to FWP for the Private lands leased to outfitters map and the last year's map produced, 2015, the data was so questionable that FWP put a disclaimer on the map: "FWP assumes no responsibility for the accuracy of the outfitter data (townships, ranges, sections) provided by the MBO (Montana Board of Outfitters). The MBO is the sole steward of outfitter data. Questions related to outfitter data depicted on this map should be directed to the MBO ."

In my 6 year FWP Game Warden Citation research, county dismissals of Outfitter citations is a whopping 43.29%. We have a serious problem here that involves our public trust resources.

This HB 290 requires the cooperation with state agencies,  annual reports that include increased information, including harvest data so that resources are accounted for, whether it is on public or private land, the name and automated licensing system number for each client. Not too much to ask for.

Please email the House Representatives in support of HB 290. (addresses below)


House of Representatives addresses

Rep.Kim.Abbott@mt.gov, Jbachmeier4hd28@gmail.com, nancyballance@aol.com, Danbartel2@gmail.com, becky4hd80@blackfoot.net, bennettforhouse@gmail.com, Rep.Seth.Berglee@mt.gov, Rep.Laurie.Bishop@mt.gov, randybrodehl57@gmail.com, Rep.Bob.Brown@mt.gov, brownformontana@gmail.com, Rep.Tom.Burnett@mt.gov, Rep.Rob.Cook@mt.gov, vcourtforlegislature@yahoo.com, Rep.Mike.Cuffe@mt.gov, Rep.Willis.Curdy@mt.gov, Amanda@amandaformontana.com, Rep.Geraldine.Custer@mt.gov, alandoane@midrivers.com, kimberly.dudik@gmail.com, Rep.MaryAnn.Dunwell@mt.gov, Rep.Jenny.Eck@mt.gov, Rep.Ron.Ehli@mt.gov, Rep.Janet.Ellis@mt.gov, jessmann@mt.gov, Rep.Dave.Fern@mt.gov, Rep.Ross.Fitzgerald@mt.gov, JohnFlemingStIgnatius@gmail.com, Rep.Kelly.Flynn@mt.gov, Rep.Moffie.Funk@mt.gov, wyliegaltformt@gmail.com, frankgarnerhd7@gmail.com, Rep.Carl.Glimm@mt.gov, edgreef@hotmail.com, rep.bruce.grubbs@mt.gov, Rep.Steve.Gunderson@mt.gov, Rep.Jim.Hamilton@mt.gov, Rep.Bradley.Hamlett@mt.gov, Rep.Bill.Harris@mt.gov, Rep.Denise.Hayman@mt.gov, Rep.Adam.Hertz@mt.gov, greghertz11@gmail.com, elliehillhd94@gmail.com, Rep.Ken.Holmlund@mt.gov, Mikeformontana@gmail.com, Rep.Tom.Jacobson@mt.gov, donjonesmt2@gmail.com, Rep.Jessica.Karjala@mt.gov, Rep.Kathy.Kelker@mt.gov, Rep.George.Kipp@mt.gov, Rep.Jon.Knokey@mt.gov, austinforhouse@yahoo.com, Rep.Casey.Knudsen@mt.gov, Rep.Steve.Lavin@mt.gov, Rep.Dennis.Lenz@mt.gov, Denleylogehd14@gmail.com, Rep.Ryan.Lynch@mt.gov, Rep.Forrest.Mandeville@mt.gov, Rep.Theresa.Manzella@mt.gov, kelly@bigskytech.net, Rep.Nate.McConnell@mt.gov, Rep.Wendy.McKamey@mt.gov, Rep.Shane.Morigeau@mt.gov, Rep.Dale.Mortensen@mt.gov, marknolandhd10@gmail.com, Rep.james.ohara@mt.gov, Rep.Andrea.Olsen@mt.gov, Rep.Jimmy.Patelis@mt.gov, Rep.Rae.Peppers@mt.gov, Rep.Zac.Perry@mt.gov, Rep.Gordon.Pierson@mt.gov, jeanbigskybigwin@gmail.com, Rep.Alan.Redfield@mt.gov, Rep.Matt.Regier@mt.gov, Rep.Vince.Ricci@mt.gov, Atomicrosie@gmail.com, Rep.Marilyn.Ryan@mt.gov, Rep.Walt.Sales@mt.gov, Rep.Casey.Schreiner@mt.gov, Rep.Ray.Shaw@mt.gov, Rep.Lola.Sheldon-Galloway@mt.gov, Rep.Derek.Skees@mt.gov, repbsmith@gmail.com, scottstaffanson@gmail.com, Rep.Sharon.Peregoy@mt.gov, Rep.Kathy.Swanson@mt.gov, Rep.Jeremy.Trebas@mt.gov, Rep.Brad.Tschida@mt.gov, Rep.Barry.Usher@mt.gov, Rep.Sue.Vinton@mt.gov, Rep.Kirk.Wagoner@mt.gov, Webb4house@gmail.com, Rep.Susan.Webber@mt.gov, Twelch1213@gmail.com, winwithwhite@gmail.com, tomwoods4mt@gmail.com, Rep.Daniel.Zolnikov@mt.gov,


Senate email addresses

goodwind1.duane@gmail.com, rnewbar@gmail.com, Sen.Mark.Blasdel@mt.gov, Sen.Dee.Brown@mt.gov, ebuttrey@mtsenate.com, marycaferro@gmail.com, Sen.Jill.Cohenour@mt.gov, Sen.Pat.Connell@mt.gov, TFacey@mt.gov, Sen.Jennifer.Fielder@mt.gov, Sen.Steve.Fitzpatrick@mt.gov, Mrmac570@me.com, Sen.Jen.Gross@mt.gov, Sen.Steve.Hinebauch@mt.gov, Sen.Jedediah.Hinkle@mt.gov, brian@hovenequipment.com, sendavidhoward@gmail.com, Sen.Llew.Jones@mt.gov, Sen.Doug.Kary@mt.gov, Sen.Bob.Keenan@mt.gov, Sen.Mike.Lang@mt.gov, suemalek@gmail.com, edie.mcclafferty@gmail.com, Sen.Mary.McNally@mt.gov, moe.mt.senate@gmail.com, Sen.Eric.Moore@mt.gov, Sen.Albert.Olszewski@mt.gov, ryanosmundson@gmail.com, mikephillips@montana.net, Sen.JP@mt.gov, Sen.Keith.Regier@mt.gov, tomrichmondmt@gmail.com, Sen.Scott.Sales@mt.gov, dansalomon12@gmail.com, senatorsands@gmail.com, Sen.Jon.Sesso@mt.gov, Sen.Jason.Small@mt.gov, Sen.Cary.Smith@mt.gov, clairena@hughes.net, Sen.Nels.Swandal@mt.gov, Sen.Margie.MacDonald@mt.gov, sfredthomas@yahoo.com, vancesd34@gmail.com, cvvincent@hotmail.com, Sen.Gene.Vuckovich@mt.gov, webb4mt@hotmail.com, jeffwelborn@hotmail.com, Sen.Lea.Whitford@mt.gov, Sen.Cynthia.Wolken@mt.gov,

Sunday, February 5, 2017

Legislative Alert Once More Into the Breach, Dear Friends, Once More

While Shakespeare didn't have to deal with our Montana Legislature every two years, his sentiment is certainly applicable - "Once more unto the breach, dear friends, once more."

This is a quickie general newsletter dealing with legislative issues.

Federal
On the Federal level, great news, due to the massive outpouring of disgust from the public, Rep. Jason Chaffetz privatizing Federal Public Lands bill H.R. 621 was killed by the sponsor. This was his 3rd legislative attempt to bring this to Congress, variations occurring in 2013 & 2015.

 

Like the info commercials... But wait, there's more...
 Rep. Chaffetz also has H.R. 622 that would endanger the public, our resources and our Federal employees being stewards of our public lands. H.R. 622 seeks
"To terminate the law
enforcement functions of the Forest Service and the Bureau of Land Management and to provide block grants to States for the enforcement of Federal law on Federal land under the jurisdiction of these agencies, and for other purposes."

Ben Long has a good article -  Bill to Cut Forest Service and BLM Enforcement is a Poacher’s Dream, Sportsman’s Nightmare

Please contact your Federal Legislators and get Chaffetz H.R. 622
  killed as well.

H.R.861 was just introduced on the 3rd - To terminate the Environmental Protection Agency
The text is not available yet, but I think the title speaks for itself.


Montana
Federal public lands antagonist, Sen. Jennifer Fielder, is at it again. She has a
constitutional amendment referendum that seeks to bypass the Governor being able to veto her attempts.
LC2314 Constitutional referendum to safeguard right to hunt, fish, and trap wildlife

The language I am seeing would seriously set the stage for privatization, Ranching for Wildlife and introductions of "huntable" species that could wreak havoc on Montana's ecosystem, all under the guise of "hunting/fishing rights".  As a conservation hunter/angler, I am appalled by this draft.

It opens with demanding a "right", not the "opportunity" as our Constitution currently states, as though our State serves to provide the fish and wildlife for harvesting like some commercial market, elevating hunting, fishing and trapping with our other Montana rights, stating they are, "essential to pursuing life's basic necessities." This raises the State's bar from our current "opportunity" and a "heritage". Imagine an outfitter or trapper suing the State, saying that he couldn't be regulated from meeting "life's basic necessities"?

One of the changes to our Constitution would be: "(2) The opportunity to harvest wild fish and wild game animals fish and wildlife is a heritage that shall forever be preserved to the individual citizens of the state and does not create a right to trespass on private property or diminution of other private rights."

By removing "wild fish and wild game animals" opens the door for invasive and exotic species introductions. 


Do you want Montana turned into Texas with all it's exotic "huntable" game farms? Just yesterday a science article came up on my feed -
Invasive Wild Pigs Leave a Swath of Destruction Across U.S. – And They Keep Spreading!
I was at the Board of Livestock meeting where a  proactive bill was proposed, which thankfully passed in 2015, to restrict feral swine in Montana. Just this change alone would be a privatization nightmare in the making.

But wait...there's more... stating, "Fish and Wildlife management and conservation shall be subject to statutes that seek to:
"a) Scientifically manage fish and wildlife populations." Now y'all all know that I advocate for public trust doctrine scientific habitat, fish & wildlife management, but, there are times you have to deal with the social factor and this statement could remove the FWP Commission and public input, such as in the river rules.

"Protect citizens and private property from threats or harm caused by fish and wildlife."
This bit sounds like it came right out of USDA APHIS Wildlife Service's manual. This would conflict with Montana Supreme Court rulings Rathbone and Sackman about wildlife. "Montana is one of the few areas in the nation where wild game abounds. It is regarded as one of the greatest of the state's natural resources, as well as the chief attraction for visitors. Wild game existed here long before the coming of man. One who acquires property in Montana does so with notice and knowledge of the presence of wild game and presumably is cognizant of its natural habits. Wild game does not possess the power to distinguish between fructus naturales and fructus industriales, and cannot like domestic animals be controlled through an owner.
Accordingly a property owner in this state must recognize the fact that there may be some injury to property or inconvenience from wild game for which there is no recourse."

If Fielder feels that fish and wildlife are such a threat and in need of "controlling", perhaps she should have chosen another state to move to, maybe gone to work for a zoo and stayed out of Montana. Unless our fish and wildlife aren't really a "threat", but a means to sue and bankrupt our Fish, Wildlife & Parks, as well as limit our fish & wildlife on the landscape, increasing the commercialization of those that remain on the landscape - supply and demand. These are only two of the paragraphs worth of changes she is proposing.

Please contact your MT legislators (emails below) and stop her bull$h*t in it's tracks.

HB 315 and 318 FWP Licensing changes

In 2014, as a conservation hunter and angler, I and many others, participated in a very public process to review and discuss recommendations from an advisory council tasked with adjusting Montana's hunting and fishing licenses and fees. The call for the funding and license review came from both the 2013 Montana Legislature and Governor Steve Bullock. The Legislature passed House Bill 609, which requires the Montana Legislature’s Environmental Quality Council to conduct a study of hunting and fishing license statutes and fees, while Gov. Bullock requested that FWP begin a public effort to create FWP's budget for consideration
by the 2015 Legislature.

Nine public meetings were held in May to solicit comments on the council's recommendations. I participated in the Bozeman meeting on May 13th. The revisions would provide an additional $6.25 million a year to stave off deep budget cuts to fish and wildlife management programs,  simplify our licensing system; standardized license discounts for youth, seniors, and disabled hunters; a revamped base price structure and other adjustments to provide a fair and stable source of revenue for the state's fish and wildlife conservation efforts.

These two bills
dismiss this body of work that involved a tremendous public input, have only been in place for one year, therefore not supplying any supporting data showing a need for revision and are another attempt to cut FWP off at the knees, financially starving the department and the work it does.

HB 315 's Revising laws related to nonresident relative hunting and fishing licenses fiscal note shows the revenue lost to reduced prices:

  • Upland Game Bird Licenses - $880
  • Big Game Combination Licenses - $198,859
  • Deer Combination Licenses - $34,621
  • New Elk Combination Licenses - $174,960 (total of previous 3)
HB 318's Revise nonresident college student big game combination license fee fiscal note shows the revenue lost to reduced prices:
  •  Nonresident college student big game combination license - $13,478
In 2016 we sold 115 college student big game combo licenses at $505 for a total revenue to FWP of $58,075. In the previous year before the license changes were implemented we sold 477 college student big game combo licenses for $70 for a total of only $33,390. That is a huge difference to FWP revenue.

While we sold less tags under the revision, we gained $24,685 to fund our FWP resources.

Both bills are still in the House. Please contact the Representatives (addesses below), asking them to Oppose HB's 315 and 318. No data to support the need for license changes and FWP needs the revenue!


HB 96 was conceived through the Private Lands/Public Wildlife Council, amending MCA 87-2-513 to reward landowners for allowing public access hunting on their lands with 1 elk license or permit for every 4 public hunters. These landowner tags could only be used by their family members or their full-time employees. A number of us suspected this bill would be amended making this worse, and it was.

Rep. Kelly Flynn an outfitter from Townsend, added some amendments. 1. The landowner license or permit could designate anybody, 2. Landowner can't receive any compensation, 3. Landowner would have to name his designees, he was setting this up to be an additional program to address some of the concerns that this was double dipping for Block Management. Then suggested they add a sunset - conceptual amendment, so Kerry White suggested a sunset of June 2019, which also passed the Committee.

Now a landowner can transfer these elk licenses and permits to anyone, including non-resident hunters that would otherwise be purchasing out of state tags from FWP – and the landowner can sell access.

Don't be deceived, while the amendment text states, “An landowner may not receive compensation from a designee for a license or permit issued pursuant to this section or for hunting access on the landowner's property,” this is illegal and the landowners know it. Landowners can legally charge for access, it is their right. So either this restriction will be struck in another stage of the bill or if it passes, will be legally challenged in a court of law and struck, leaving us with ranching for wildlife.

In my numerous objections to elk shoulder seasons, I took screen shots of ads in the MT papers and on Craigslist that landowners put up advertising access fees for elk shoulder season hunts. I sent them to Gov. Bullock, Dir. Hagener, some FWP wildlife officials and our FWP Commissioners. Other members of the public also wrote in to complain.

As a result, I received an email from  FWP Dir. Hagener on Sept. 23, 2016, based on law:

"Fish, Wildlife and Parks (FWP) has received a number of emails concerning an advertisement in local newspapers for elk hunts on private land during a particular shoulder season. The opportunity offered includes a fee. Other than the time when they occur and the restrictions to private land, shoulder seasons are no different than elk season during archery and general rifle seasons. Just as landowners can, if they choose to charge for access then, they can charge for access during a shoulder season...

To respond specifically to the question asked by some on the legality of this landowner’s offering:

No, it is not illegal for a landowner to rent a cabin and/or charge an access fee to hunt on his property. That is no different than a landowner renting his property for grazing or harvesting a crop. FWP does not condone access fees, but they are not prohibited by law and are not something FWP can regulate.”

Please email the House (addresses below) to Oppose HB 96.




House email addresses (just copy and paste the block into your email TO: header)

 
Rep.Kim.Abbott@mt.gov, nancyballance@aol.com, Danbartel2@gmail.com, becky4hd80@blackfoot.net, bennettforhouse@gmail.com, Rep.Seth.Berglee@mt.gov, Rep.Laurie.Bishop@mt.gov, randybrodehl57@gmail.com, Rep.Bob.Brown@mt.gov, brownformontana@gmail.com, Rep.Tom.Burnett@mt.gov, Rep.Rob.Cook@mt.gov, vcourtforlegislature@yahoo.com, Rep.Mike.Cuffe@mt.gov, Rep.Willis.Curdy@mt.gov, Amanda@amandaformontana.com, Rep.Geraldine.Custer@mt.gov, alandoane@midrivers.com, kimberly.dudik@gmail.com, Rep.MaryAnn.Dunwell@mt.gov, Rep.Jenny.Eck@mt.gov, Rep.Ron.Ehli@mt.gov, Rep.Janet.Ellis@mt.gov, jessmann@mt.gov, Rep.Dave.Fern@mt.gov, Rep.Ross.Fitzgerald@mt.gov, JohnFlemingStIgnatius@gmail.com, Rep.Kelly.Flynn@mt.gov, Rep.Moffie.Funk@mt.gov, wyliegaltformt@gmail.com, frankgarnerhd7@gmail.com, Rep.Carl.Glimm@mt.gov, edgreef@hotmail.com, rep.bruce.grubbs@mt.gov, Rep.Steve.Gunderson@mt.gov, Rep.Jim.Hamilton@mt.gov, Rep.Bradley.Hamlett@mt.gov, Rep.Bill.Harris@mt.gov, Rep.Denise.Hayman@mt.gov, Rep.Adam.Hertz@mt.gov, greghertz11@gmail.com, elliehillhd94@gmail.com, Rep.Ken.Holmlund@mt.gov, Mikeformontana@gmail.com, Rep.Tom.Jacobson@mt.gov, donjonesmt2@gmail.com, Rep.Jessica.Karjala@mt.gov, Rep.Kathy.Kelker@mt.gov, Rep.George.Kipp@mt.gov, Rep.Jon.Knokey@mt.gov, austinforhouse@yahoo.com, Rep.Casey.Knudsen@mt.gov, Rep.Steve.Lavin@mt.gov, Rep.Dennis.Lenz@mt.gov, Denleylogehd14@gmail.com, Rep.Ryan.Lynch@mt.gov, Rep.Forrest.Mandeville@mt.gov, Rep.Theresa.Manzella@mt.gov, kelly@bigskytech.net, Rep.Nate.McConnell@mt.gov, Rep.Wendy.McKamey@mt.gov, Rep.Shane.Morigeau@mt.gov, Rep.Dale.Mortensen@mt.gov, marknolandhd10@gmail.com, Rep.james.ohara@mt.gov, Rep.Andrea.Olsen@mt.gov, Rep.Jimmy.Patelis@mt.gov, Rep.Rae.Peppers@mt.gov, Rep.Zac.Perry@mt.gov, Rep.Gordon.Pierson@mt.gov, jeanbigskybigwin@gmail.com, Rep.Alan.Redfield@mt.gov, Rep.Matt.Regier@mt.gov, Rep.Vince.Ricci@mt.gov, Atomicrosie@gmail.com, Rep.Marilyn.Ryan@mt.gov, Rep.Walt.Sales@mt.gov, Rep.Casey.Schreiner@mt.gov, Rep.Ray.Shaw@mt.gov, Rep.Lola.Sheldon-Galloway@mt.gov, Rep.Derek.Skees@mt.gov, repbsmith@gmail.com, scottstaffanson@gmail.com, Rep.Sharon.Peregoy@mt.gov, Rep.Kathy.Swanson@mt.gov, Rep.Jeremy.Trebas@mt.gov, Rep.Brad.Tschida@mt.gov, Rep.Barry.Usher@mt.gov, Rep.Sue.Vinton@mt.gov, Rep.Kirk.Wagoner@mt.gov, Webb4house@gmail.com, Rep.Susan.Webber@mt.gov, Twelch1213@gmail.com, winwithwhite@gmail.com, tomwoods4mt@gmail.com, Rep.Daniel.Zolnikov@mt.gov, 



Senate Email addresses (just copy and paste the block into your email TO: header)

 
goodwind1.duane@gmail.com, rnewbar@gmail.com, Sen.Mark.Blasdel@mt.gov, Sen.Dee.Brown@mt.gov, ebuttrey@mtsenate.com, marycaferro@gmail.com, Sen.Jill.Cohenour@mt.gov, Sen.Pat.Connell@mt.gov, TFacey@mt.gov, Sen.Jennifer.Fielder@mt.gov, Sen.Steve.Fitzpatrick@mt.gov, Mrmac570@me.com, Sen.Jen.Gross@mt.gov, Sen.Steve.Hinebauch@mt.gov, Sen.Jedediah.Hinkle@mt.gov, brian@hovenequipment.com, sendavidhoward@gmail.com, Sen.Llew.Jones@mt.gov, Sen.Doug.Kary@mt.gov, Sen.Bob.Keenan@mt.gov, Sen.Mike.Lang@mt.gov, suemalek@gmail.com, edie.mcclafferty@gmail.com, Sen.Mary.McNally@mt.gov, moe.mt.senate@gmail.com, Sen.Eric.Moore@mt.gov, Sen.Albert.Olszewski@mt.gov, ryanosmundson@gmail.com, mikephillips@montana.net, Sen.JP@mt.gov, Sen.Keith.Regier@mt.gov, tomrichmondmt@gmail.com, Sen.Scott.Sales@mt.gov, dansalomon12@gmail.com, senatorsands@gmail.com, Sen.Jon.Sesso@mt.gov, Sen.Jason.Small@mt.gov, Sen.Cary.Smith@mt.gov, clairena@hughes.net, Sen.Nels.Swandal@mt.gov, russtempel@gmail.com, sfredthomas@yahoo.com, vancesd34@gmail.com, cvvincent@hotmail.com, Sen.Gene.Vuckovich@mt.gov, webb4mt@hotmail.com, jeffwelborn@hotmail.com, Sen.Lea.Whitford@mt.gov, Sen.Cynthia.Wolken@mt.gov, 


 

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