Legislative Update April 21, 2017
Bill du jour, another serving of the legislative bills...
HB 434 - Support - Conference Committee Report Received, Create Montana wildlife habitat improvement Act Good news, in the conference committee today, which met at 11:30, comprised of Senators Hinkle, Welborn and Phillips, as well as Representatives Redfield, Court and the bill sponsor Flynn, the Senate amendments previously inserted, the dead HB 651, were amended out. Flynn stated, "thought I had a tight title", a bill that "improved things for all people". Sen. Hinkle thought Sen. Thomas amendment (the bulk of HB 651) and the word "shall" was a good fit, wanted "independent eyes (the state land board). Rep. Flynn, again clarified Pittman-Robertson dollar projects being governed by USFWS tenets, so that it does not become a diversion of funds. Now that the bill has been restored, it should be supported. Additionally distressing was a closing statement by the Committee Chair, Sen. Hinkle, who continues to disparage the public and our participation. Addressing a previous statement by Rep. Flynn, he said, " You had made a comment that you wanted to keep politics out of this bill. And it's very sad to me that in reading emails and listening to different groups, organizations, that the same individuals who are the loudest voice for public land access have also been the loudest voice against measures like this, to try and improve, and to try to work on the issue of public land access. And this has been the first session that I've really seen that come into fruition here. I know there's a bill in the House to do virtually the same with a public lands advocate and it's amazing, the same individuals came out and opposed that. Soon as you touch the money, that in my opinion, they think they hold, then they're screaming and yelling about that rather than working with both sides on this issue. So I'm disappointed by that, I think it's hypocritical and for the record I wanted to state that." As a member of the public, I am disappointed that he cannot understand the USFWS MOU principles concerning Pittman-Robertson dollars, and though the general public land supporter wants to ensure legally allowed public access and legally pursued easements and public land purchases, we don't want to jeopardize the MOU governed Pittman-Robertson dollars, nor be fiscally irresponsible with redundant positions that divert more funds. SR 64, Support - Passed, sent to enrollment, Confirm Governor's appointee to Fish and Wildlife Commission This is a wee bit of a debacle, maybe much more than a wee bit. The original bill had 4 candidates on it. The one that passed, only had 2 - Richard Stuker for the livestock requirement and Logan Brower from Scobey (originally from Idaho, has been here about 4-5 years, married into an ag family in Scobey, with noxious weed experience, per a Senator).
- Logan Brower, Scobey; Richard Stuker (returning), Chinook; Greg Tollefson, Missoula; and Matthew Tourtlotte (returning), Billings.
If anyone would like to see Mr. Tourtlotte's answers to Sen. Fielder's question, please email and I will forward the email to you. Here is his reply to No. 5:
"Respectfully, I don't agree with your premise for this question. With that said, I can assure you that the Commission and the Department consider the comments and opinions from a wide variety of individuals, groups, and organizations, without consideration as to whether or not the comment or opinion is being delivered from a conservative or liberal point of view. To me these labels have no meaning within the context of this discussion as the interests of all Montana sportsmen and sportswomen are essentially the same...these constituents want quality public access so they can enjoy Montana's bounty of hunting, fishing, and recreational opportunities. It's unfortunate to me when the opportunities to work together toward an end that clearly benefits all of the Parties involved instead becomes cast as political fodder. If I am confirmed as the Region 5 Commissioner, I will continue to advocate in favor of quality access rights for all Montana sportsmen and sportswomen." ____________________________________
Dear Senators,
I respectfully request that y'all question and consider the actions from the Senate Fish & Game Commission, as I have proof of misinformation that was presented at the meeting on Tuesday, 4/18/17, at 3:00pm.
At the 11:49 mark Sen. Jennifer Fielder states, "Over the weekend I emailed some questions to all four of the individuals, and I was, ...). She proceeds to discuss here approval of Brower.
Later, when the Committee is segregating each nominee, concerning Matthew Tourtlotte, one of the Senators asks Sen. Fielder, at the 20:47 mark, "Did you get some stuff back from him?" She replies, "Members, I did email all 4 of the nominees and I did not receive any response from Mr. Tourtlotte that I have found in my inbox, as of about an hour ago. I have received some comments from other people who are concerned about his lack of attendance at the FWP Commission meetings. I think he has attended quite a few by phone, but not in person, and he's just missed some completely, so we didn't see a great deal of interest for Mr. Tourtlotte, no letters of interest. Did any other committee members receive any other communications from him about the position? So it doesn't appear to be a lot of interest there. So I will not support the motion."
First, Mr. Tourtlotte was in California when he received the short notice of confirmation hearing. He notified the Governor's office he was out of state.
Second, If you will notice this forwarded message below, Mr. Tourtlotte did not receive Sen. Fielder's questions over the weekend as she stated she sent them, but on Monday at 2:26 pm.
Third, the Senate F & G Committee meeting occurred on Tuesday at 3:00 pm for executive action. Below is a screen shot of his reply on Tuesday at 2:27, before the meeting.
Fourth, I and others have emailed the Committee and Senators our support of Mr. Tourtlotte for reappointment. Below is a screen shot of my email on the 12th.
Fifth, having attended many a FWP Commmmission meeting over the years, I know there are other Commissioners who have missed or had to use the video conferencing from their regional FWP office to participate in Commission meetings.
Following, I will forward Mr. Tourtlotte's replies to Sen. Fielders questions.
In conclusion, I take umbrage at Sen. Fielder's recent campaign to disparage those of us that are part of Montana's grassroots hunting/angling organizations, represented in her question no. 5, a number of which are many decades old, established before Senator Fielder ever moved to Montana. "hard left partisan interest groups including Montana Wildlife Federation (and their subsidiaries), Back Country Hunters and Anglers, Montana Sportsmen’s Alliance, Trout Unlimited, Back Country Horsemen, and Montana Bow Hunters Association."
I hope that y'all will support the confirmation of Mr. Tourtlotte's reappointment to the FWP Commission.
Thank you,
Kathryn QannaYahu 406-579-7748 513 1/2 W. Curtiss St. Bozeman, MT 59715 ---------- Forwarded message ---------- From: Fielder, Jennifer <Sen.Jennifer.Fielder@mt.gov>Date: Mon, Apr 17, 2017 at 6:45 PM Subject: FW: Senate Confirmation Hearing - Fish, Wildlife and Parks Commission To: " mtourtlotte@gmail.com" < mtourtlotte@gmail.com>
From: Fielder, Jennifer
Sent: Monday, April 17, 2017 2:26 PM
To: 'mtourlotte@gmail.com'
Subject: Senate Confirmation Hearing - Fish, Wildlife and Parks Commission
Importance: High
Dear Mr. Tourtlotte,
Considering you were not able to appear in person at the Senate Fish and Game Committee Confirmation Hearings last Thursday, I have a few questions I would like to ask in order to help me to better understand your approach to the duties of this position should you be confirmed. If you could return your answers to me by 1pm Tuesday 4/18, I will review them and take them into consideration prior to the Senate Fish and Game Committee’s action concerning the confirmations.
1) The Montana Trappers Association is concerned that the Commission may impose regulations requiring them to check traps at specific intervals of time. This idea comes from anti-trapping activists who seek to make trapping more and more restrictive, and hence less and less feasible. Given that trapping is conducted during winter months and conditions can be extremely harsh, it would be problematic and even unsafe, to require trappers to go out on the trap line at predetermined time intervals. Regulations currently recommend trap checks every 48 hours, regardless of conditions or set type. This is an arbitrary number. In some cases traps need to be checked more frequently and in other cases less frequently. For example, in warm weather frequent checks are necessary to prevent rot. In cold weather there is no chance of rot, and it could be impractical and even dangerous to require trappers to go out in periods of abnormally harsh conditions. The Montana Trappers association offers an excellent Trapper Education Course in which the importance of reasonable trap checks, based on conditions and set types, are emphasized.
QUESTION: If confirmed, will you support a) Mandatory Trap Check Intervals, or b) Recommended Trap Check Intervals?
2) I have received a number of complaints from Hunter Education Instructors who are concerned about a few key matters. One, they are not allowed to teach effective hand gun handling and safety as a part of their course offerings. Apparently they can show a video but cannot offer hands on training of any kind. The instructors believe it is imperative to cover hand gun safety more appropriately because hand guns are used for some types of hunting and their short barrel length requires extra precautions. Also side arms are often carried for self-defense by hunters, and a Hunter Education certificate can be used as evidence of appropriate training needed to obtain a concealed carry permit.
QUESTION: If confirmed, will you support a) continued prohibition of teaching Hand Gun Handling & Safety properly, or b) Allow hands on instruction of Hand Gun Handling & Safety?
3) For decades, the Montana Trappers Association has offered high quality Trapper Education courses with a detailed curriculum and Instructor Certification Program. The department is considering recommendations that may substantially alter this program, as well as revise trapping regulations in a number of other ways.
QUESTION: If confirmed, will you support a requirement that, as regulators, Fish & Game Commissioners attend an educational workshop conducted by MTA prior to the Commission ruling on any changes to existing programs and protocols?
4) Quiet Waters: The public meetings have been completed. There is plenty of information on this subject.
QUESTION: If confirmed, will you support implementation of the Quiet Waters initiative or reject it?
5) For years FWP has shown bias in favor of hard left partisan interest groups including Montana Wildlife Federation (and their subsidiaries), Back Country Hunters and Anglers, Montana Sportsmen’s Alliance, Trout Unlimited, Back Country Horsemen, and Montana Bow Hunters Association. While engaged in varying degrees of political activism, some of these organizations do not have broad membership nor do they represent balanced objectivity concerning the broad range of sportsmen who participate in the activities these groups associate themselves with.
QUESTION: Will you insist on equally engaging non partisan and also conservative-leaning sportsmens’ organizations in order to avoid bias and bring balance into the FWP decision making processes? If so, how would you do this?
Thank you very much for your willingness to serve, and for taking time to offer a response.
Sincerely,
Sen. Jennifer Fielder
Montana State Senate - District 7, R-Thompson Falls
Chair – Senate Fish & Game Committee
Vice Chair – Senate Judiciary Committee
Member – Senate Natural Resources Committee
Member – Legislative Administration Committee
Member – Committee on Committees
_____________________________________________ FWP Director Martha Williams was confirmed. 47 aye to 3 NaySR 45 - Support - Confirmed - Governor's appointee as Director to Fish, Wildlife, and Parks
Public Trust Resources
HB 651 - Oppose - Missed deadline for transmittal. An act revising laws related to public access projects; creating a public lands access advocate; providing duties; revising use of Wildlife Habitat Funding; providing an appropriation; amending sections 77-1-202 AND 87-1-242, MCA
SB 264 - Oppose - Vetoed by the Governor 4/3 (woohoo), Revising rulemaking for reporting to Board of Outfitters. (reported on 3/15)
Trespass and Public Access Bills
SB 170 - Oppose , Missed deadline for transmittal, "An act providing civil penalties for unauthorized operation of an unmanned aerial vehicle over real property; and providing an applicability date." This bill is modifying Title 70 Property, Chapter 16 Rights and Obligations Incidental to Ownership in Real Property, this section defines what property ownership means. (reported on 3/15 and 3/18)
SB 358 - Support - Missed deadline for transmittal. Revise laws regarding removal of highway encroachments. This was Sen. Cohenour's version of HB 295, but a little less of a daily fine - $250 a day for illegally blocking a public road.
HB 566 - Oppose - Missed deadline for transmittal, Revise private property notice for trespass, still sitting in House Judiciary since the hearing was cancelled on 3/7. (reported on 2/28)
HB 231 - Opposed private land amendment. Vetoed by Governor 4/20, Since the amendment text was added back in, restoring private landowners requirement for posting and orange paint, the bill passed to the Senate, where the bill was amended again. (reported on 2/28 and 2/31)
HB 295 - Support - Missed deadline for transmittal. Increase fine for gating a public road (reported on 2/11)
Parks Bills
HB 324 - Oppose - Vetoed by Governor 4/20. Revise laws related to state parks' administration. This bill unfortunately passed the House, was referred to the Senate Committee and is being heard tomorrow (reported on it on 2/19). Please send your comments to the Senators, addresses below.
HB 454 - Oppose, Missed deadline for transmittal Revising the administration of state parks and related recreational programs(reported on it 2/23)
Hunting/Sportsmen related
HB 151 - Oppose - Missed deadline for transmittal Appropriation for shooting range development program (Reported 2/13)
HB 315 - Oppose - Missed deadline for transmittal Revising laws related to nonresident relative hunting and fishing licenses. (reported on 2/5)
HB 318 - Oppose - Missed deadline for transmittal Revise nonresident college student big game combination license fee. (reported on 2/5)
Hunting BillsSB 185 - Oppose - Tabled in Committee on 4/11. Authorize transfer of game to licensed outfitter for inspection purposes. This is MOGA bill. Here is FWP's Chief of Enforcement, Dave Loewen opposing statement submitted at the Hearing.
HB 568 - Oppose - Missed deadline for transmittal . Revise laws related to nonresident hunting
HB 96 - Oppose - Missed deadline for transmittal . Revise free elk license/permit for landowner providing free public elk hunting (reported on 2/5)
Public Lands
HJ 9 - Oppose - Passed, Enrolled, Resolution supporting the release of certain wilderness study areas. Please contact the Senators, emails below. (reported 2/19)
Public Water
HB 339 - Oppose - Passed, being sent to Gov. - Revise laws related to exempt appropriations of water (reported on 2/19)
Please email Senators, addresses below.
Constitutional Amendment
SB 236 - Oppose - Failed 2nd reading Fielder's Constitutional referendum to safeguard right to hunt, fish, and trap wildlife. Current text. Various suggested text amendments have been proposed, from various sportsmens groups and the Sportsmens Caucus group, but nothing agreed on by all. Which speaks to me, that this bill (or one similar), which affects our Constitution, needs much more work and vetting before going before the legislature in such a rushed manner this year. (reported on 2/15)
Here is a link to former FWP Chief Legal Counsel, Bob Lane's, legal assessment, I post on Hunt Talk forum. It brings up a very important point I had not heard mentioned in this discussion, concerning resident and non-resident licenses, "SB 236 risks Montana’s ability to differentiate between residents and nonresidents in issuing or awarding hunting and fishing licenses. The risk SB 236 poses is significant and unavoidable. Passage of SB 236 could mean that resident and nonresidents will be required to pay the same license fees and compete equally when FWP limits the number of licenses available."
Please email Representatives, addresses below.
CWD
SB's - Support - 187 passed, being sent to Governor, 173 - passed 2nd reading on the 21st(Reported on 3/15)
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Legislative call number 444-4800
Senate 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,
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Thank you,
Kathryn QannaYahu
406-579-7748
www.EMWH.org
Bozeman, MT |
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