Monday, February 15, 2021

MBA OPPOSES SB 111 to give crossbows their own season

 




February 15, 2021


MBA Member Alert - The 3rd reading  of SB 111  the Crossbow Bill will probably happen tomorrow February 16th on the Senate Floor

SB 111 titled Revising laws re conditional hunting permits for disabled persons by Senator Brad Molnar - SD 28 in Laurel passed its 2nd reading on the Senate Floor and will probably get its 3rd reading tomorrow February 16th.    There will be no debate, only a vote and we need that vote to be NO. 

The sponsor contends that Montana is in violation of the Americans with Disabilities Act (ADA).  That is not true.  Montana's hunting regulations were challenged as not meeting the ADA in 2004 because they do not allow crossbow use during our archery season by an individual with a disability.   The Department of Interior, Office of the Secretary determined that in fact Montana's regulations restricting crossbow use by those with a disability during our Archery season is NOT in violation of the ADA.  See this link. USDOI - USFWS decision MT crossbow use.pdf

MBA has donated $15,333.00 for development and application of modifications to archery equipment for those with a disability.   That is roughly $950/year.   And at this time, we are making modifications for 4 other individuals, one of which is Mr. Seigel who testified during the hearing.   He had never contacted MBA before, so we reached out to him and he graciously accepted our offer. 

MBA has never denied an individual who has requested our assistance.

In the Fiscal note for the bill, the FWP estimates that there will be 9364 hunters who will qualify for crossbow use during archery season, which could have a potential impact on the resource both bull elk and antelope populations.  

Though FWP estimates that only 31.25% of those eligible will use a crossbow that number quite likely underestimates the usage.  A crossbow is like a rifle and many how only hunt with a rifle would love to hunt elk during the elk rut with a rifle like weapon and not have to master a bow. 

Below is a list of Senators that Voted Yes.  Please contact these Senators NOW and let them know that Montana's Archery season restrictions are not in violation of the ADA and that MBA has been and continues to be devoted to providing those with a disability a legal means to pursue hunting with a modified bow and arrow during Montana’s treasured Archery-Only season.   There is no need for crossbows to be used during archery season.  

Please be respectful in your communications.  

Please the names of the senators that voted yes on the below list and email and/or call them ask that they vote Do Not Pass on this bill.


FirstName

LastName

Districts

City

Email Address

Phone Number

MIKE

CUFFE

SD 1

Eureka

mcuffe@interbel.net

(406) 293-1247 or

(406) 889-5777



















BRIAN

HOVEN

SD 13

Great Falls

Brian.Hoven@mtleg.gov

(406) 761-8533 or

(406) 899-5000







RYAN

OSMUNDSON

SD 15

Buffalo

ryanosmundson@gmail.com

(406) 949-3715 or

(406) 374-2449







MIKE

LANG

SD 17

Malta

mike.lang@mtleg.gov

(406) 654-7357

STEVE

HINEBAUCH

SD 18

Wibaux

steve.hinebauch@mtleg.gov

(406) 365-7967 or

(406) 989-1372







CARL

GLIMM

SD 2

Kila

carl.glimm@mtleg.gov

(406) 751-7334

DUANE

ANKNEY

SD 20

Colstrip

goodwind1.duane@gmail.com

(406) 740-0629 or

(406) 748-4328

JASON

SMALL

SD 21

Busby

j2thedsmall@gmail.com

(406) 690-0923

DOUG

KARY

SD 22

Billings

Doug.Kary@mtleg.gov

(406) 698-1478

TOM

MCGILLVRAY

SD 23

Billings

tvmcgillvray@gmail.com

(406) 698-4428







JEN

GROSS

SD 25

Billings

Jen.Gross@mtleg.gov

(406) 696-0649

CHRIS

FRIEDEL

SD 26

Billings

chris@chrisfriedel.com

(406) 272-2245

CARY

SMITH

SD 27

Billings

cary.smith@mtleg.gov

(406) 698-9307

BRAD

MOLNAR

SD 28

Laurel

brad.molnar@mtleg.gov

(406) 794-5982

DAVID

HOWARD

SD 29

Park City

David.Howard@mtleg.gov

(406) 633-2762

KEITH

REGIER

SD 3

Kalispell

keith.regier@mtleg.gov

(406) 756-6141

JOHN

ESP

SD 30

Big Timber

johnesp2001@yahoo.com

(406) 932-5662



















GORDON

VANCE

SD 34

Belgrade

vancesd34@gmail.com

(406) 587-8608













RYAN

LYNCH

SD 37

Butte


(406) 498-6625













MARK

BLASDEL

SD 4

Kalispell

Mark.Blasdel@mtleg.gov

(406) 261-3269

TERRY

GAUTHIER

SD 40

Helena

mrmac570@me.com

(406) 461-0744













JASON

ELLSWORTH

SD 43

Hamilton

Jason.Ellsworth@mtleg.gov

(406) 360-0009

THERESA

MANZELLA

SD 44

Hamilton

theresa.manzella@mtleg.gov

(406) 546-9462













DAN

SALOMON

SD 47

Ronan

dan.salomon@mtleg.gov

(406) 253-9724













BOB

KEENAN

SD 5

Bigfork

Bob.Keenan@mtleg.gov

(406) 250-4111







GREG

HERTZ

SD 6

Polson

greg.hertz@mtleg.gov

(406) 253-9505

BOB

BROWN

SD 7

Thompson Falls

Bob.Brown@mtleg.gov

(406) 242-0141







BRUCE (BUTCH)

GILLESPIE

SD 9

Ethridge

Bruce.Gillespie@mtleg.gov

(406) 949-4453



Thanks

Your MBA Legislative Committee



  



 





 
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Sunday, February 14, 2021

ALERT: MSA OPPOSES Appointment of Pat Tabor for F&G Commission

 Please go viral!!!   Let your Senator know your opposition!!!



The Montana Sportsmen Alliance would like to go on record as opposing the appointment of Pat Tabor to the F&G Commission.   Mr. Tabor is well known to us.  He is an ultra rich corp exec that came to Montana and bought out a number of outfitters.  He is a Moga past president.  Mr. Tabor also served on the Board of Outfitters (Boo) for a term.

Mr. Tabor has taught us not to trust him.  His main charge as a member of Boo was to assure protection of the health, safety, and welfare of the public.  He was supposed to serve all the public of Montana in Boo but was instead,  intent on reducing outfitters responsibilities to the public and to managing agencies.  He failed to represent anyone but Moga.  He was strictly interested in reducing transparency and hiding information from the public.  He even openly chastised other outfitters on the board for not voting as a block and his comments were recorded in the minutes.

Mr. Tabor is one of reasons the Boo is a big sad joke.  Outfitters and guides must come before the board when they have been cited for committed infractions.  Mr. Tabor led the charge on the Boo to let outfitters and guides get off with a slap of the hand for infractions brought in front of the board.  Outfitters dominate every vote of Boo.   We have never seen any balance of representation from Mr. Tabor.

In his new capacity as F&G Commission Chair he just engineered a freebie hunt for his buddies in Moga.  Sportsmen have fought for transparency and getting rid of the “good old boys” type of operations.  Mr. Tabor is a danger to transparent, honest game management in Montana.  We respectfully ask for Mr. Tabor to be rejected for F&G Commissioner.  

Montana Sportsmen Alliance
Leadership Team

John Borgreen  Great Falls
Steve Schindler   Glasgow
Don Thomas   Lewistown
Sam Milodragovich    Butte
Ray Gross   Dillon
Jeff Herbert   Helena
Joe Perry     Conrad
Dale Tribby   Miles City
JW Westman   Park City
Robert Wood   Hamilton
Doug Krings   Lewistown

Monday, February 8, 2021

Opinion: Bad bill undoes hunting partnership between CSKT and non-tribal members

 

Billings Gazette SB143 OPPOSE Go Viral

 

Bill would guarantee hunting outfitters licenses, defying 2010 citizen initiative

Bill would guarantee hunting outfitters licenses, defying 2010 citizen initiative

Wildlife issue

Guaranteeing outfitters a portion of nonresident big game licenses could lead to more leasing of private land, hunters said during testimony on Senate Bill 143 on Tuesday in Helena.

Hunting outfitters turned out in force at the Capitol on Tuesday to support a bill that would guarantee them a percentage of nonresident deer and elk licenses for their clients.

“This bill optimizes the economic return to Montana by making available a portion of the existing nonresident licenses to the hunter who chooses to hunt with an outfitter,” said Chuck Rein, a Big Timber rancher, outfitter and president of the Montana Outfitters and Guides Association, during a hearing before the Senate Fish and Game Commission.

Critics see the bill as a privatization of public wildlife, a subsidy for one group of small business owners, and also reducing the opportunities for do-it-yourself nonresident hunters to draw a tag.

“This bill will put us back on the path to privatizing and monetizing our publicly owned wildlife resources," said John Sullivan, president of the Montana Chapter of Backcountry Hunters and Anglers. "The citizens of Montana rejected that idea."

Sullivan was referring to a citizen’s initiative passed in 2010 that removed 5,500 nonresident big game and deer combination licenses that were guaranteed for outfitters. The initiative also raised the nonresident license fees and allowed them to be adjusted for inflation. Proceeds from the fees were targeted to fund hunting access and to preserve and restore habitat.

Drawing

Since passage of the initiative, all nonresident hunters must draw a tag through the Montana Fish, Wildlife & Parks’ lottery system. Hunters may then book with an outfitter after drawing a tag, or book ahead of time in hopes of drawing a tag and then cancel.

“Right now as a guided outfitter I have to overbook to stay booked,” said Donna McDonald, whose family offers guided and nonguided hunts on their ranch and adjoining national forest land in the Ruby Valley.

Many other outfitters, operating family-run businesses for generations, stressed the uncertainty and unpredictability of the current system and its negative effect on their operations.

“Supporting the bill is supporting small family businesses in Montana,” said Lydia Sargent, who operates Cayuse Hills Outfitters south of Shawmut with her husband, Wes.

Crowding issue

Bill sponsor Sen. Jason Ellsworth, R-Hamilton, framed Senate Bill 143 as a way to reduce crowding by nonresident hunters on public and Block Management Program lands. The program uses a portion of license dollars to pay private landowners for public hunting access.

“Our out-of-state (hunters) are having to congregate on that land, and obviously this is probably affecting success rates for both Montana residents and nonresidents,” Ellsworth said.

The number of licenses awarded would be based on what outfitters are currently booking, estimated at about 40% of nonresident hunters. The bill currently sets aside 60%, but Ellsworth said that would be revised downward.

“These guys already get those licenses, so it’s not taking away from do-it-yourself hunters,” Ellsworth said.

The bill includes adding a $200 fee to nonresidents who choose to use an outfitter. The additional charge will raise an estimated $2.4 million to $2.8 million a year, Ellsworth said.

These funds would be distributed to several coffers, including fees for disabled resident veterans to hunt for free, funding for Block Management, provide money for purchasing easements across private land to access landlocked public property, and add cash to the Future Fisheries program. The bill also removes language that has tied nonresident big game license increases to the Consumer Price Index.

Landowner and stockgrower groups testified in support of the bill, including Chuck Denowh representing the United Property Owners of Montana.

“Outfitters and hunters all benefit from the herds but it is landowners who bear the costs,” he said. “Perhaps the most important aspect of this bill is that it provides opportunities for landowners that we don’t have today.”


Outfitted hunters would be guaranteed a license under a bill sponsored by Hamilton Sen. Jason Ellsworth. Testimony on Tuesday drew a large crowd of outfitters to the capitol.

Critiques

Missouri resident Virgil Groom attended the hearing with his sons to testify against the measure. For five years he’s hunted in Montana and said the reduction in the state’s pool of nonresident unguided tags would make it harder for him and his boys to draw a license.

“I’m a huge fan of the state, it’s beautiful,” said Colton Groom. “I just want my kids to come out and enjoy it.”

A compromise solution offered during the testimony was moving up the drawing date for big game licenses, providing more time for outfitters and their clients to connect.

“The simplest thing to do is use a scalpel and not an ax to fix this problem and fix the lottery,” said Patrick Schumacher, a nonresident Montana landowner. “Be the first state in the West to publish your results. Get ahead of Utah and all these other states. To me that’s a simple fix.”

Clarification

Ellsworth said his bill is justified because promises made before Initiative 161 was passed have not been met. The initiative's sponsors said it would create more access, but the amount of Block Management land has dropped from 8.2 million acres to 7.2 million. Meanwhile, nonresident use of those lands has increased from 16% to 22%, he said.

Those numbers are accurate, but don’t reflect the full scope of the issue. The amount of Block Management acreage has dropped, especially in southeastern Montana, because fewer large landowners are participating, according to Jason Kool, who oversees the program for FWP. Some of those lands have been sold, he said.

Use of Block Management lands in Eastern Montana is up partly because there are more upland bird and antelope hunters, about 30% to 40% of which are out-of-staters, Kool said. Those numbers fluctuate as the populations of game rise and fall.

Challenge

When asked directly by Sen. Tom Jacobson, D-Great Falls, if the state guarantees a customer base for any other business, Ellsworth instead answered there is no industry that relies on a lottery.

“We’ve got bars, we’ve got restaurants, we’ve got hotels and there’s no guarantee that a customer is going to walk in the door,” Jacobson said. “There’s no guarantee that they’re going to get so many rooms rented.”

“There’s no guarantee here,” Ellsworth countered. “The reality is that if these professionals do not do a good job and they don’t outfit correctly, they’re not going to get customers.”

Jacobson asked if Ellsworth had worked with any sporting groups prior to drafting the legislation. He said no, but added that he hopes to get engagement from people now. As proof, Ellsworth said he had received numerous calls and emails regarding the legislation.

No action was taken on the bill.


Some details on SB 143 OPPOSE

 12-5-21                                    SB 143
SB 143 will transfer up to 60% of the unguided nonresident hunters from Main Street businesses to Outfitters
Currently Montana issues 17,000 nonresident B-10 and B-11 elk and deer combination licenses in a random drawing.   
Outfitter customers currently apply for those licensed just like everyone else.  
SB 143 language as of 2-5-21  
Section 8. Section 87-2-511, MCA, is amended to read:
"87-2-511. Sale and use of Class B-10 elk and Class B-11 deer licenses.
(1)        the department shall offer the Class B-10 and Class B-11 licenses for sale on April 1, with 60% of each of the Class B-10 and Class B-11 licenses reserved for applicants hunting with a licensed outfitter pursuant to [section 1] and to [section 3].
Impacts using FWP supplied numbers.
17,000 B-10 and B-11 Nonresident licenses are distributed each year in a drawing.   
2020   23,245 nonresidents applied
17,000 X .6 = 10,200 Guaranteed Outfitter licenses
     6,800 customers left for Main Street Businesses.
    .29% chance for our family and friends to return for a hunt.
Areas with healthy wildlife populations and at least reasonable public access attract a large percentage of the non-resident hunters in Montana every fall.  Most stay in local motels, frequent restaurants, bars, gas stations, convenience stores and other main street businesses.
Nonoutfitted hunters mostly drive to and across Montana, buying gas, food, lodging etc.
Outfitted hunters may drive but frequently fly to Montana and are picked up by the outfitter at the airport.
The large majority of outfitters provide food, lodging and other amenities in camp.   Their clients rarely visit main street businesses.   
Main Street businesses face the loss of up to 60% of their normal nonresident hunting season customers every fall if SB 143 passes.   

SB 143 OPPOSE Please go viral

 


Hello hunters and Senators, 

I would like an invitation to speak with you during public comment. 

Hunting feeds us, though I haven't pulled a trigger in several years. Dad was the first outfitter in Powder River Co and you may remember my son, Jaeger Held (his name is German for "Hunter Hero"). He went to Boys State and was both a Legi Aid and a Page. You may have seen him on the front of the Gazette on Veterans Day or heard him repeatedly speak at the legislature, since age 12, in support of the historical society. My kids are 5th generation Montanans and we have the longest running business by the same family in Broadus, the Broadus Motels. SB 143 will cut deeply into the 8% accommodations tax we collect for you. 

I would like to voice opposition to SB 143. Hunting season is the only revenue producing season for many small Montana communities. Motels, restaurants, bars, gas stations, grocery stores, taxidermies and trespass fees directly to ranchers would again lose drastically under SB 143. Outfitters pay a piddling amount to harvest game. I never have and never will lease my ranch to an outfitter. 

My dad, Cap Hough, was the first outfitter in Broadus and was also a motel owner. My kids grew up on our ranch south of Broadus and are the third generation who will take over the motels. I accommodate outfitters regularly, for example, when their wounded animals come on to us. Usually several big bulls and bucks a year. They provide a service for wealthy people who need help with their hunt. It's grossly unfair to favor one business over all others in distributing licenses and remove the high-quality DIY hunters. If this passes, outfitters can forget stepping foot on us, the animals can rot where they die and we'll collect the horns and skulls, turning communities into scavengers. We also work hand in hand with FW&P, with access to our cameras and customers. Another free help we give that will evaporate. 

Just one example where it hurts: A party of 8 that comes here from Kentucky, grandpa Sheriff and his brothers, sons State Police Honor Guard, grandsons plan to be cops and preachers, and they save all year to rent the best accommodations in the region for 10 days, in order to hunt public lands. The large lodge has 25' ceilings, a huge fireplace with it's 8'2" longhorn, a full professional kitchen, laundry, 6 bathrooms for less than the price of one guy hiring an outfitter for the weekend who stays in a broken down old trailer house. This group of 8 regular guys comes out twice a year, also going to western MT for the archery elk season. Those 8 won't be back to Montana if SB 143 passes and neither will thousands of others who sustain us and these Montana towns. That one bunch pays more for the Lodge than an outfitter would pay to chase all the wildlife off my place and ruin the hunting for a whole season. That one bunch buys thousands of dollars of food, fuel, taxidermy across the state that will disappear. Outfitters here shop in Gillette at the box stores and their clients don't come to town. The majority of our yearly business will disappear with this bill that continues taking from the many and giving to the few. Half our staff is kept working all year to repair, maintain and clean for hunting season. SB 143 will suck millions out of small businesses, cut accommodation revenues to the state and hurt most Montana families directly or indirectly. 

Kind regards, 
-- 


Billings Gazette Nick Gevock

 

GUEST OPINION

Guest opinion: Bill is an aggressive attack on hunting


Hunter with shotgun

Americans pay an 11% tax on the purchase of new firearms and ammunition.

The Montana Legislature is leveling one of the most aggressive attacks on public hunters we’ve ever seen under the guise of protecting gun rights.

HJ5, sponsored by Rep. Brad Tschida, R-Lolo, states that taxing firearms is unconstitutional, and unenforceable. Apparently, Rep. Tschida and supporters of this measure don’t like Montana’s abundant wildlife, the habitat that supports it and the world-class hunting we all enjoy.

That’s because we’ve had a tax on firearms for 84 years. It’s called the Federal Aid in Wildlife Restoration Act of 1937, most commonly known to hunters as the Pittman-Robertson Act. It’s named after the two visionaries in Congress who passed the measure, and it’s one of the most successful programs in our nation’s history.

The Pittman-Robertson fund was passed by Congress in the throes of the Great Depression. Hunters stepped up when times were incredibly tough and said they were willing to be taxed for something they value — wildlife. That takes habitat.

In the eight decades since, those funds have conserved key wildlife refuges. We’ve used it for habitat restoration. And it funds state wildlife agencies whose biologists employ scientific management. The program has strict sideboards on how the funding can used, and that accounts for its success.

In total “PR” funds have pumped more than $18.8 billion into state wildlife agencies. The results have been nothing short of miraculous for restoring wildlife after the utter destruction caused by habitat degradation and market hunting in the 19th Century.

In Montana at the turn of the 20th century, there were about 5,000 elk left. Today we have an estimated 170,000 elk. Deer were almost wiped out too, and antelope were saved only because a few ranchers protected the last remaining herds. Hunters joined landowners and state officials in conservation efforts that continue today.

We use PR funds as matching dollars for our best state-based conservation and access program, Habitat Montana, to complete habitat purchases. Just look at Montana’s system of world-class game ranges, which provide winter range for deer, elk and other wildlife, and public hunting access those public lands provide. This wildlife abundance didn’t just happen. It took a lot of hard work by hunters, who are happy to pay the tax.

I personally have a cabinet full of rifles and shotguns that I paid the 11 percent PR tax on. I’m glad to — because I get to use those guns every year on deer, elk, antelope and upland bird hunts. What good are a bunch of guns without abundant wildlife and public access?

This measure states “that the taxation of privately held guns is unconstitutional and does not have the power of law and is, therefore, unenforceable.” It reads like a trial attorney’s dream. This is an open invitation for people who are opposed to hunting to sue the state and prevent us from receiving our PR funds — which make up a huge portion of Montana Fish, Wildlife and Parks budget.

HJ5 shows that when hunters don’t pay attention and stand up for our best conservation programs, they’re open for attack. Don’t let anyone who supports this measure tell you they’re for hunters. In fact, they’re working to destroy our sporting traditions.

Nick Gevock is a lifelong hunter who serves as conservation director for the Montana Wildlife Federation.