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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Thank you,
Kathryn QannaYahu
406-579-7748
Bozeman, MT
www.emwh.org

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Trespass Laws are being seriously changed

We only have 2 days to reach our Representatives in the House, on a dangerous amendment to a bill - HB 231 - Revising laws regarding trespass.

I respect private property and private property rights, lets make sure those protections for property owners and recreationists aren't destroyed.
Below is my comment I sent to the House members on HB 231 yesterday, please take a few minutes to send the Representatives your public comment objecting to an amendment in HB 231 that would set Montana's trespass laws back over 30 years (group listing of the House members email addresses at the bottom of this email, so you can copy and paste the whole block into your TO: email header, can't make it any easier than that). The bill has its second reading on Monday, 1/30/2017, the same day as the Public Lands Rally in Helena (I have flu, but I will be with y'all in spirit). Perhaps, while you are there, you can speak to some legislators about this dangerous bill/amendment before they vote on it.  :)


HB 231 PDF of text Video of the hearing with the hijacking of HB 231.(Click on HB 231 under the Video to advance it to that portion) Hunt Talk forum thread on this subject Mike Korn's perspective (retired FWP Enforcement) on the thread
Kathryn
_______________

Dear House of Representative members,

I am writing to express my concern over an amendment which hijacked HB 231, Revising laws regarding trespass, sponsored by Rep. Peggy Webb.

Last night I came across HB 231 at the laws lookup website and was shocked by what I saw passed on the 25th, I notified various hunting/angling groups and the Hunt Talk forum of my concerns.

 

Originally, Rep. Webb's amendment to MCA 45-6-201 and 203 were justifiable for residential private property concerns from squatters, for example. But listening to the audio, you hear Rep. Casey Knudsen, joined by Rep. Harris, hijack the intent of this bill and gut the trespassing laws that were enacted under HB 911 in 1985, in effect for over 30 years now, which protected both private property owners and recreationists. I question the motivation. Why?

If preventing trespassing of private property is the ideal, which I uphold and advocate, how is striking these preventative aspects of the trespass law going to help achieve that? 

Additionally, if this hijacking of the bill should pass and become law, many informational publications, 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, the matriculation of which to the general public would probably take a couple years at least, meanwhile, this bill would go into effect immediately, making the public in danger of costly citations and legal costs.

Outdoor recreation is one of the largest economic drivers in Montana. What would be the impact to out of state recreationists or international tourists unintentionally trespassing because there was no markings or signage assisting in advising the public? Will Montana then develop a bad reputation, like a speed trap, of a public recreation trespassing trap? 

Not intending to trespass, respecting private property rights, I own and use a high end Garmin GPS with landownership maps when I research and recreate, but I also know that landownership changes rapidly and chip updates do not always show up, or a road looks public and a portion of it is not or the road is public but the land on either side is not and that posting helps to clarify to the public what is private. Land owner orange markings and signage are beneficial, most especially to those that do not own such equipment. Those orange markings and signage help protect private property interests. 

The following was struck - 

"To provide for effective posting of private land through which the public has no right-of-way, the notice provided for in subsection (1) must satisfy the following requirements: (a) notice must be placed on a post, structure, or natural object by marking it with written notice or with not less than 50 square inches of fluorescent orange paint, except that when metal fenceposts are used, the entire post must be painted; and (b) the notice described in subsection (2)(a) must be placed at each outer gate and normal point of access to the property, including both sides of a water body crossing the property wherever the water body intersects an outer boundary line. (3) To provide for effective posting of private land through which or along which the public has an unfenced right-of-way by means of a public road, a landowner shall: (a) place a conspicuous sign no closer than 30 feet of the centerline of the roadway where it enters the private land, stating words substantially similar to "PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT___ MILES"; or (b) place notice, as described in subsection (2)(a), no closer than 30 feet of the centerline of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders unfenced private land, except that orange markings may not be placed on posts where the public roadway enters the private land.(4) If property has been posted in substantial compliance with subsection (2) or (3), it is considered closed to public access unless explicit permission to enter is given by the landowner or the landowner's authorized agent."

 

HB 911 was supported by the Montana Stockgrowers Association, the Montana Cattlemen's Association, the Montana Farm Bureau Federation, the Montana Wildlife Federation, Trout Unlimited, MT FWP, Montana Cow Belles, Sweet Grass County Preservation Association, and individuals. Some quotes below.

“The Montana Stockgrowers Association supports passage of House Bill 911. House Bill 911 is the result of the interim study which considered impacts of the stream access problem upon private landowners. The testimony given given during the hearings of the interim committee revealed the trespass laws of the State of Montana were not working to protect private property rights...

 

House Bill 911 corrects both problems. The bill is essentially a minimum posting law... House Bill 911 also broadens the powers of the fish and game wardens to enforce the trespass laws. This is needed in light of the stream access decisions since the potential for conflict between private property rights and public recreational rights will increase.

The Montana Stockgrowers Association urges passage of House Bill 911.”

 

The Montana Cattlemen's Association - “Mr. Chairman, members of the committee, H.B. 911 contains some real improvements to the trespass law, from both the landowner's and sportsmen's viewpoints... Giving the Landowner flourescent orange paint as an alternative to printed 'no trespassing' signs solves one of the mechanical problems involving posting notice... It (HB 911) represents a necessary improvement to the law.” 

 

“Mr. Chairman, members of the committee for the record my name is Lorna Frank, representing Montana Farm Bureau.

 

Farm Bureau delegates at the 65th Annual meeting last December were very concerned about getting stronger trespass legislation passed which would insure that private property will be free from public use except with permission from the landowner.

 

Farm Bureau supports HB 911 because we feel it protects private property and urges this committee to give HB 911 a do pass recommendation.”

Please protect private property from trespassing, prevent some unintentional trespass by recreationists, protect landowner/recreationists relationships, protect Montana's recreation reputation, prevent an unnecessary publication/distribution/education cost to Montana taxpayers and the unnecessary, increased workload of our law enforcement. 

I urge the members of the House to either kill HB 231 or insist that the Knudsen/Harris amendment above be struck from the bill, returning it to the original intent represented in the Jan. 12^th version. 

Thank you,
Kathryn QannaYahu
Enhancing Montana's Wildlife & Habitat
406-579-7748
513 1/2 W. Curtiss St.
Bozeman, MT 59715

_______________

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, 

Durfee Hills Public Lands Trespass FOIA Filed

In summer 2014, the Wilks Brothers, in their pursuit of a land exchange, decided to illegally fence around some of our Federal BLM public lands without authorization and in a construction manner that obstructed our wildlife there, contrary to Federal BLM fencing regulations. Members of the hunting public began to notice GPS encroachments, as well as land and vegetation damage. I was flown in a number of times to document the various trespasses, providing the public with the videographic, photographic and GPS documentation online, including an interactive map. 

This documentation resulted in an official BLM Cadastral Survey, an investigation and helped to stop the Wilks Brothers proposed land exchange that would have given the Durfee Hills, our Federal Public Lands, home to one of Montana's best elk herds, to private individuals. 

I repeatedly requested status updates on the trespass investigation, only to be told it was still under investigation. No news or public statements from the BLM have provided the public with an update on the trespass investigation which involved unauthorized development of fencing, fencing encroachment, wildlife obstructing fencing, road and trail construction/realignment, surface disturbance (clearing, blading, digging, scalping, etc.), unauthorized personal property (such as vehicles, equipment, fencing debris, No Trespassing signs), removing of boundary markers, unauthorized destruction or disposition of mineral and vegetative materials, including timber.

Hearing rumors that the Lewistown BLM was saying there was no trespass by the Wilks on the BLM Durfee Hills, I decided to file a FOIA for the information. Several of the key Lewistown BLM employees involved in the whole Wilks/Durfee Hills debacle are no longer there - Central Montana District Manager, Stan Benes, Lewistown BLM Field Manager Geoff Beyersdorf, and BLM Monument Manager Mike Kania.

Below is the FOIA filed on July 2, 2016.

_________________________________

July 2, 2016
 
MT BLM FOIA Office
5001 Southgate Drive
Billings, MT 59101
Phone: 406-896-5157

MT BLM FOIA Officer,

Per the Freedom of Information Act, I am requesting all documents, field investigation notes, photos, sketches, measurements, maps pertaining to the Wilks trespass/ multi trespass of the public's BLM land known as the Durfee Hills (legal descriptions of parcels below), as well as the current status of the trespass investigation. Please include documentation pertaining to the unauthorized development of fencing, fencing encroachment, wildlife obstructing fencing, road and trail construction/realignment, surface disturbance (clearing, blading, digging, scalping, etc.), unauthorized personal property (such as vehicles, equipment, fencing debris, No Trespassing signs), removing of boundary markers, unauthorized destruction or disposition of mineral and vegetative materials, including timber :

• Copies of BLM Forms Initial Report of Unauthorized Use Form 9230-10 and Trespass Investigation Report 9230-24 filed as a result of complaints concerning the Wilks trespass, including interviews conducted in conjunction with the trespass investigation. Forms 1323-1 Reimbursable Project Logs Form.
• BLM Law Enforcement citations.
• Trespass documentation compiled by BLM Cadastral Survey team involving the fencing encroachment, survey markers (iron posts, brass markers, monument rock piles (collars) and blazed trees) moved by the Wilks tree/ground bulldozing. 
• Documentation sent by Randy Newburg, which I requested before and did not receive in any of my FOIAs, as well as any other member of the public that submitted trespass documentation.
• Trespass documentation found during the BLM investigation, including any court documents or other agency documents (MT State DNRC, FWP, etc.).
• Administrative costs to investigate, survey and process these trespasses.
• Notice of Trespass, Trespass Decision, and any Realty Trespass Resolution or Formal Administrative Resolution or other legal notices or charges.
• I would also like copies of any trespass liabilities, fines, citations, recovery of funds efforts, rehabilitation/stabilization of damaged lands costs, any land rent liability charges levied, mineral or timber costs.
• Documentation of meetings, communications and interviews between the BLM and the Wilks concerning these trespasses.
• Any documents concerning cancellation or revocation of the Wilks Use Authorizations.
• Rehabilitation/Stabilization Plan with the Wilks.

Also, I previously requested from Mike Kania, the Upper Missouri River Monument Manager, a copy of the road estimate for the east side road construction at the Bullwhacker. I never received it. Please include a copy of the road construction estimate.

The following BLM properties involved, known as the Durfee Hills - Geocode, with Legal Descriptions in parentheses.
08-2143-14-1-03-01-0000 (S14, T12 N, R22 E, S2NE4, SE4NW4, E2SE4)

08-2143-13-1-03-01-0000 (S13, T12 N, R22 E, SW4NE4, S2NW4, S2S2, NW4SW4, NW4SE4)

08-2143-23-1-01-01-0000 (S23, T12 N, R22 E, NE4, N2SE4, NE4SW4)

08-2143-24-1-02-01-0000 (S24, T12 N, R22 E, G LTS 2,3,4, W2E2, NW4, SE4SW4)

08-2144-19-3-01-01-0000 (S19, T12 N, R23 E, G LTS 3 AND 4, E2SW4, W2SE4)

08-2143-25-1-01-01-0000 (S25, T12 N, R22 E, G LTS 1,2,3, W2NE4, NW4SE4, NE4NW4)

08-2144-30-1-02-01-0000 (S30, T12 N, R23 E, G LTS 1,2,3,4, E2NW4, NE4SW4, N2SE4, S2NE4, NW4NE4)

08-2144-31-2-02-01-0000 (S31, T12 N, R23 E, G LTS 1,2,3, SE4NW4, E2SW4, SE4)

23-2034-06-1-01-02-0000 (S06, T11 N, R23 E, GOVT LT 2)

Disclosure of this information is necessary because of the repeated expressed public concerns, the land trade issues, the public forum discussions with documentation and the digital citizenship being exhibited. As evidenced by members of the public from other states, through the Hunt Talk forum or through the EMWH Newsletter, emails, website, blog, this is not just a Montana issue that is being watched, but is being looked at as applying to other public land/ private landowner relations, not exclusive to the Wilks.

I am the founder of Enhancing Montana's Wildlife & Habitat (Putting the "Public" Back in "Public Trust"), as well as the primary researcher. These public land issues are of great concern to the hunting conservation community. I plan, as I have already done with other documents available to the public, should they add clarity to the subject at hand, to make them available to the public, such as on the EMWH website,  the Wilks Fencing page ,  the interactive map concerning the Durfee Hills documentation , disseminating the documentation pages through the Hunt Talk forum, EMWH Newsletter and blog.

Already, my posting of BLM manuals, such as the fencing standards and trespass manual have helped to create more awareness of how the BLM regulates these matters. By following your procedures and requesting the cadastral survey and investigation, we are encouraging  the BLM to be good trustees of our public lands and participating in the process. As it states in the Realty Trespass Handbook, "Realty trespass prevention requires a public that is knowledgeable of the public lands and resources and conditions for authorized use of the public lands...Public awareness and support is essential to successful trespass prevention...Detection may also involve report by the public, data of other agencies, and inventory or survey to identify or confirm suspected trespass."

This information has not been previously made public. When I requested some of this information previously, I was told that the trespass was still under investigation by Stan Benes. Rumors have circulated for a bit that the Lewistown BLM is stating there was no trespass, hence this FOIA request.

Electronic PDF copies, sent to this email address, would be preferred or compiled on a CD, mailed to my mailing address below. I will print any documents I want in hard copies. If there are any fees for searching or copying these records, please inform me of these costs. However, I would like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding of BLM and trespass of Public Lands matters. This information is not being sought for commercial purposes.

Since EMWH is a public trust advocacy organization (supported minorly by contributions from concerned public, primarily by my own dollars), freely making public documents available to the public, I am requesting the fee waiver. I have already gone to lengths to collect documentation to provide to the BLM to show just cause for a cadastral survey and investigation, paying for the trips to the area in question (over $250.00 just for gas, and $500 for a helicopter) and my expenses out of my own pocket, as well as public hunters that were pilots bearing the plane fuel cost to fly me in for documentation. Additionally I have invested numerous hours of my time and web development and printing to make this information available to the public at my own cost. The public has borne more costs than we should have at this point to bring this to BLM's attention and receive compliance with your regulations. As our taxpayer dollars have already paid for the reports, emails, communications, logs, etc., I do not see that I should be required to pay, yet again, to help support our BLM public land management for the public.


Thank you,
Kathryn QannaYahu
406-579-7748
513 1/2 W. Curtiss St.
Bozeman, MT  59715 

The Hammonds, Malheur National Wildlife Refuge, & the Bundy Hijacking Agenda

"When mythic histories supplant the complexities of the past, the results can be lethal. Equitable futures for Western public lands won't be achieved when ideologues swagger in, brandishing guns and taking over federal buildings."

Like Andrew McKean's New Years Wish, I would like to Stop the Silly Talk of Selling Public Land, that includes transferring the Public's land to the states, which in all likelihood would result in privatization. This multi pronged attack against our lands/resources is currently encapsulated in the recent WTF debacle taking place in Oregon and why conservationists, whether hunting or non, should care.

Since the ever sucking majority of mainstream media refuses to do their homework, simply repeating the same crappy information or has a vested interest in painting criminals as "patriots", being the information/data maven that I am, I decided to layout a number of sources to refute these irresponsible lies circulating, especially since we have Montana legislators eager and willing to lie or intentionally bury their head in the sands to achieve their special interest objectives against our public lands, such as MT Sen. Jennifer Fielder's recent obtuse blog post - Ranching is not terrorism -- Obama should pardon ranchers and end protest peacefully, "It's no wonder the feds heavy handed treatment of the Hammond Ranching Family has stirred an uprising.The federal government was way out of bounds in charging the Hammond Family with terrorism as a result of the prescribed burns they started on their own ranch to save the range. President Obama should pardon the ranchers and put an end to the Oregon protest peacefully."

This begs the question, who the hell ever stated that ranching was terrorism? This is the kind of lying special interest fearmongering that seeks to polarize people into "us vs. them" camps, where truth and facts are normally absent from the conversation, to drive their special interests.

Let's break this down into some bite sized pieces. There are three main issues here - 1. The Hammonds repeated illegal poaching and arson violations against our public lands, our wildlife and our federal public trust employees that work on our behalf to manage our public resources; 2. the ever present lie that this federal public land belongs to the state to be privatized and 3. the narcissistic, extremist, terroristic Bundy hijacking of the Hammond jailing for their own religious and subsidized benefit.

 

Hammonds 

The lie: the Hammonds are being unjustly targeted by the feds trying to steal their land as some sort of "federal overreach taking". The Truth: the Hammonds have repeatedly violated laws, lease agreements, threatened federal employees, poached our public wildlife, interfered with the public accessing their public lands, and set fire to our public lands.

Ranchers arrested at wildlife refuge - "Back in 1994, High Country News covered the arrest of the Hammonds: "According to the Fish and Wildlife Service, Dwight Hammond had repeatedly violated a special permit that allowed him to move his cows across the refuge only at specific times. In June, refuge manager Forrest Cameron notified Hammond that his right to graze cattle and grow hay on the lush waterfowl haven south of Burns was revoked. The feds also said they planned to build a fence along the refuge boundary to keep Hammond's cows out of an irrigation canal.

The events of Aug. 3 are outlined in the sworn affidavit of special agent Earl M. Kisler, who assisted in the Hammonds' arrest. On the day the fence was to be built, the crew and refuge officials arrived to find Hammond had parked his Caterpillar scraper squarely on the boundary line and disabled it, removing the battery and draining fuel lines. When a tow truck arrived to move it, Dwight Hammond showed up, leaped to the controls of the scraper and hit a lever that lowered the bucket, narrowly missing another special agent. Meanwhile, said Kisler, Steve Hammond shouted obscenities at federal officials. Neither Hammond resisted arrest."

Eastern Oregon Ranchers Convicted of Arson Resentenced to Five Years in Prison
"A jury sitting in Pendleton, Oregon found the Hammonds guilty of the arsons after a two-week trial in June 2012. The trial involved allegations that the Hammonds, owners of Hammond Ranches, Inc., ignited a series of fires on lands managed by the U.S. Bureau of Land Management (BLM), on which the Hammonds had grazing rights leased to them for their cattle operation.

The jury convicted both of the Hammonds of using fire to destroy federal property for a 2001 arson known as the Hardie-Hammond Fire, located in the Steens Mountain Cooperative Management and Protection Area. Witnesses at trial, including a relative of the Hammonds, testified the arson occurred shortly after Steven Hammond and his hunting party illegally slaughtered several deer on BLM property. Jurors were told that Steven Hammond handed out "Strike Anywhere" matches with instructions that they be lit and dropped on the ground because they were going to "light up the whole country on fire." One witness testified that he barely escaped the eight to ten foot high flames caused by the arson. The fire consumed 139 acres of public land and destroyed all evidence of the game violations. After committing the arson, Steven Hammond called the BLM office in Burns, Oregon and claimed the fire was started on Hammond property to burn off invasive species and had inadvertently burned onto public lands. Dwight and Steven Hammond told one of their relatives to keep his mouth shut and that nobody needed to know about the fire.

The jury also convicted Steven Hammond of using fire to destroy federal property regarding a 2006 arson known as the Krumbo Butte Fire located in the Malheur National Wildlife Refuge and Steen Mountain Cooperative Management and Protection Area. An August lightning storm started numerous fires and a burn ban was in effect while BLM firefighters fought those fires. Despite the ban, without permission or notification to BLM, Steven Hammond started several "back fires" in an attempt save the ranch's winter feed. The fires burned onto public land and were seen by BLM firefighters camped nearby. The firefighters took steps to ensure their safety and reported the arsons.

By law, arson on federal land carries a five-year mandatory minimum sentence. When the Hammonds were originally sentenced, they argued that the five-year mandatory minimum terms were unconstitutional and the trial court agreed and imposed sentences well below what the law required based upon the jury's verdicts. The Ninth Circuit Court of Appeals, however, upheld the federal law, reasoning that "given the seriousness of arson, a five-year sentence is not grossly disproportionate to the offense." The court vacated the original, unlawful sentences and ordered that the Hammonds be resentenced "in compliance with the law." In March 2015, the Supreme Court rejected the Hammonds' petitions for certiorari. Today, Chief Judge Aiken imposed five year prison terms on each of the Hammonds, with credit for time they already served.

Department of Justice Summary of Facts
"At trial, jurors heard from a hunting guide, a hunter and the hunter's father, who saw the Hammonds illegally slaughter a herd of deer on public land. At least seven deer were shot with others limping or running from the scene. Less than two hours later, the hunting guide and the hunter and his father, were forced to abandon their campsite because a fire was burning in the area where the deer were shot. The hunting guide's testimony and photographs established fires were burning hours before Steven Hammond called the BLM and said he was going to do a burn of invasive species in the area."

Warning from the Birding Community to the Terrorists in Oregon: We're Watching You
"Just a friendly warning from the birding and wildlife photography community to the Oregon terrorists. We are watching your every move, and we have been watching you for a long time. And yes absolutely you are domestic terrorists of the worst kind, and the truth about your decades of constant poaching of protected wildlife around Malheur and other wildlife refuges, national parks, national forests and BLM lands has been well-documented. For years those of us who are wildlife photographers, birdwatchers and carers of wildlife, have been documenting the activities of you poachers and criminals around many of our nation's wildlife refuges. With our powerful cameras, and ability to move unseen in the wilderness, we have found and documented your illegal hunts, your illegal traps and all sorts of illicit activities, and are constantly feeding that information to law enforcement, and we have finally got many of you poachers on the run and into jails. And I for one am a westerner sick to death of you welfare queens and cheats living off of BLM land, illegally gutting our wilderness and our wildlife. Malheur, Hart Mountain, Klamath Marsh, Yellowstone, Glacier, Yosemite etc etc, they all belong to us, we the American people, and no small group of armed thugs is going to destroy the great wildlife and national park system that our great Republican President Teddy Roosevelt and John Muir put in place over a century ago. Wildlife photographers and wildlife/bird watchers now number some 40 million people in the USA, and feed many rural western economies with our tourism dollars, and we will not stand for your sedition."

Our Public Lands, not the State's or Private

The lie: the Malheur National Wildlife Refuge land was state or private land. The Truth: this land has always been federal, with private ranchers later WILLINGLY selling their ranches to the refuge, expanding it.

Supreme Court already ruled that feds rightly own occupied refuge

"Occupiers of the Malheur National Wildlife Refuge question whether the federal government has unequivocal legal rights to own and manage that land, without regard to the wishes of local property owners and ranchers.

Improbably, the U.S. Supreme Court has ruled on exactly that question, specifically regarding the lands of the original Malheur national refuge -- twice.

Those rulings by the nation's highest court, in 1902 and in 1935, found that the federal government has an incontrovertible claim to the refuge's wetlands and lakebeds, dating back to the 1840s, when Oregon was still a territory.

'Before Oregon was admitted to statehood, the United States is shown to have acquired title which it has never in terms conveyed away,' Justice Harlan Stone wrote in 1935...

In fact, the nation's highest court ruled seven years before Roosevelt's declaration, and again 27 years after it, that the federal government had never sold or transferred any of the 82,000 acres to French or anyone else. It was, and remains, federal land."

Don't Mess with the Bull Moose News flash: Our public lands already belong to the people. And we have a he-man Republican rancher to thank for it.
"During his presidency, Roosevelt created the Malheur National Wildlife Refuge in 1908, turning unclaimed government property into one of more than 50 'bird reservations.' ...

And he accomplished all this, remember, as a serious cattleman and Republican. The story of tensions between federal land managers and disgruntled western ranchers is nothing new; it's been going on for centuries. To hear some folks tell it, the story pits a rapacious and inept Washington, D.C., bureaucracy against the common-sense wisdom of locals who have been working on (and living off) western lands for generations, and whose cultures and livelihoods are inextricably tied to its copious bounty and responsible stewardship.

In that telling, the story becomes a kind of populist romance, brimming with many beloved tropes that Americans have absorbed over the two and a half centuries we've been analyzing and celebrating our own exceptionalism. The rugged individualist standing up to the corrupt, effete machine. The soulful underdog, reluctantly but resolutely taking on the soulless establishment. The frontier spirit versus the dreaded 'Washington mind-set.'

But it's also so ridiculously reductive as to constitute a lie. And were he alive today, Teddy Roosevelt would be the first to call anti-government ranchers out on that lie. If he needed examples to illustrate and personalize his points, he could easily pull them from his own life experience. In his 1910 memoir, Hunting Trips of a Ranchman, he wrote grippingly and horrifyingly of how a combination of harsh weather, wildfires, and massive overgrazing rendered the ranchlands of the Dakota Badlands-including his own 5,000 acres-utterly worthless for raising cattle."

In Oregon, Myth Mixes With Anger

"This version of history bears little resemblance to the actual past. Before the federal agencies came to eastern Oregon, large ranching operations from California had monopolized hundreds of thousands of acres of rangeland. Irrigation developers controlled water, cattle barons controlled the grass, and settlers were essentially locked out. Tensions were high.

During the 1890s, a populist, anti-monopolist rhetoric emerged among settlers and news editors. The local newspaper deplored the fact that the great Western ranges were passing into 'the hands of a few big cattle or sheep companies,' and predicted that soon 'an aristocracy of range lords and cattle kings would rule our mountains and plains.' In 1897, Peter French, the cattle baron who controlled the largest ranching empire in America, along the Blitzen River, was murdered by an angry homesteader. Arson, violence and grinding poverty flourished."

Terroristic Bundy HijackingThe lie: The Bundys and other militia members occupying the Malheur National Wildlife Refuge are peacefully protesting and are patriots. The Truth: The Bundys militia used weapons (definition of terrorism - the use of violence and intimidation in the pursuit of political aims) to subvert legal justice actions in Nevada against our BLM Federal employees. As a result of that action not being challenged, this militia group has felt empowered, spawning the Recapture Canyon armed ATV trespass on our federal public lands and now this armed and threatened capture of the Malheur National Wildlife Refuge. These are the actions of domestic terrorists, not heros, not patriots.

 

 The Bundy Militia's Particular Brand Of Mormonism

"Ammon Bundy uses much of the same language as his father, mixing Mormon religious symbolism with a disgust of the federal government. Speaking to Harney County residents last December, Ammon Bundy explained why he became involved in the Dwight and Steven Hammond case that sparked this takeover of federal property. 'I got this urge that I needed write something,' Bundy said. 'I asked the good Lord...I need some help. And he gave me that help. The Lord is not pleased what has happened with the Hammonds.' "

The Bundy's citing their Mormon faith as the basis of their actions, has prompted a statement from the Mormon Church : "While the disagreement occurring in Oregon about the use of federal lands is not a Church matter, Church leaders strongly condemn the armed seizure of the facility and are deeply troubled by the reports that those who have seized the facility suggest that they are doing so based on scriptural principles," the statement read. "This armed occupation can in no way be justified on a scriptural basis. We are privileged to live in a nation where conflicts with government or private groups can - and should - be settled using peaceful means, according to the laws of the land."

Former BLM chief: Bundy's pursuing an agenda on public land

"People like Cliven Bundy and sons are using the ruse of public land grazing as an excuse for pursuing an agenda, which is anti-federal government, and has very little to do with grazing on public lands... One thing that offends me is the fact that they continue to say they are supporting ranchers that have permits. My experience is that over 90 percent of ranchers I've worked with in the past are good stewards that fully comply and have cooperative relationship with land managers...

I think the delay in bringing them [Cliven Bundy] to justice has empowered other extremists to pursue radical tactics and I think that's what we're seeing in Oregon. If someone doesn't think there will be any repercussions for breaking the law, they will continue to act. There have to be repercussions... I believe there will be. There are better mechanisms for pursing disagreements than picking up arms and occupying federal facilities and threatening people's lives."

Why the Hell Is an Armed Militia Occupying a Federal Building in Oregon?

" 'But these people don't own the land,' one commenter wrote on Sunday. 'It's a federal wildlife preserve and it has been since 1908. Why are ranchers from Nevada claiming a federal wildlife preserve in Oregon belongs to them? There is no world in which that even makes sense.' ...

'These men came to Harney County claiming to be part of militia groups supporting local ranchers,' said Harney County Sheriff David M. Ward in a statement Sunday. 'When in reality these men had alternative motives, to attempt to overthrow the county and federal government in hopes to spark a movement across the United States.'...

What you have at the end of the day is a bunch of very angry men, many of them belonging to a resurgent militia movement that dates back to President Obama's inauguration.

'Soon after the election, we saw the formation of dozens of militia groups throughout the country,' Daryl Johnson, a former analyst at the Department of Homeland Security, recently told Vox. 'They were down under 80 groups, we see them balloon up to about 150 groups by the end of 2008, and by 2010, we had over 300 militia groups operating in the US.' "

Oath Keepers even disputes this Bundy Hijacking, "Oath Keepers, Mike Vanderboegh (of the Three Percenters), and other groups are condemning this action by Ammon and his cohorts. Why? Because it serves no purpose that benefits the Liberty Movement. On the contrary, it harms the Movement. Ammon's group has become the aggressors, and, by doing so, loses the moral high ground."

 Oregon Standoff: Lessons From The Freeman Case, Montana Public Radio interview with John Connor, Montana's assistant attorney general at the time of Freeman standoff in 1996.

In my mind, one of the most important articles is that put out by PEER (Public Employees for Environmental Responsibility)
OREGON REFUGE STANDOFF LATEST EXTREMIST JIHAD
Federal Inaction for 19 Months on Bundy Spawns More Militia Confrontations
Washington, DC -This week's armed seize of the Malheur National Wildlife Refuge in "Oregon by self-styled 'militia' stems from the lack of a coherent response to earlier confrontations with anti-government extremists, according to Public Employees for Environmental Responsibility (PEER), pointing to a threat assessment from the U.S. Department of Homeland Security.  The failure by the federal government to take any action following the April 2014 armed stand-off with renegade rancher Cliven Bundy was seen by his supporters as a victory and encouraged his sons and other followers to stage similar clashes.

'Rather than abating conflict, the federal hands-off approach has backfired and enables the Bundy clan to franchise a "Militia McDonalds," ' stated PEER Executive Director Jeff Ruch, noting the current 'call to arms' to spread resistance against 'federal tyranny.' 'In Nevada, federal authorities have ceded a 200-square mile militarized zone on national park and range lands as a staging ground for further operations to challenge the legitimacy of public ownership.'...

'This armed takeover should be treated as a terrorist act designed to spread fear in the community,' added Ruch, pointing to the Secretary of Interior closing all nearby federal offices due to concern about employee safety; even local public schools are closed.  'Demanding public attention at the point of a gun is not the exercise of First Amendment rights but the actions of deluded wackos.' "

My concluding thoughts...  

 

if we, as conservationists, dont stand up for our public lands/waters, our fish/wildlife and access, how can we blame our public trust employees if they back down in the face of armed threats and special interest political pressure determined to chip away at our ownership? Now is the time to rise up as good owners, make our voices heard, exert our will to support our employees in managing our interests, for responsible management and for their security and protection. If we turn a blind eye, ignore the repeated offenses, capitulate to the terrorists, we have no one to blame but ourselves.

Carter Niemeyer recently shared in an email, "The takeover of public lands by the states is a REAL danger. Politicians are engineering ways to make it happen. Misinformation is always a key factor, along with apathy on our part, thinking it could never happen." Please make yourself aware of what is really going on and what is at stake, for future generations.

To co opt a favored quote, " 'Conservation' never dies a natural death. It dies because we dont know how to replenish its source. It dies of blindness and errors and betrayals. It dies of illness and wounds, it dies of weariness, of withering, of tarnishings."

Care! Fight for our conservation values, they dont take care of themselves!

Please email  U.S. Attorney General Loretta Lynch, requesting an investigation of these extremist militia actions - Title 18 of United States Code § 2384 defines "Seditious conspiracy" as conspiring "to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof..." These Bundy traitors have directly opposed the force of the federal government with arms, delayed the execution of the law by illegally interfering with the judicial process, and occupied and possessed property of the U.S. federal government.

Statistically, people generally contact officials to complain, so also email U.S. Department of Interior Secretary, Sally Jewell, encouraging the BLM, USFWS, NPS boldness in managing our public lands and resources for the Public Trust, following through on regulations, thereby promoting the safety of her employees, our Public Trust employees. The Nevada BLM and the Malheur National Wildlife Refuge being current cases in point.


Kathryn QannaYahu
www.EMWH.org