Tuesday, January 31, 2017

HB 315 abd HB 318 OPPOSE

HB 315 and HB 318 OPPOSE BOTH
Folks,
These bills are both up today at 3pm. Please work these hard. Calls and messages to House F&G. House Fish, Wildlife & Parks Committee Email Link:
Sharon Stewart-Peregoy <Rep.Sharon.peregoy@mt.gov>, Bridget Smith <repbsmith@gmail.com>, george kipp <Rep.George.Kipp@mt.gov>, tomjacobsonmt@gmail.com, Virginia Court <vcourtforlegislature@yahoo.com>, Zachary Brown <brownformontana@gmail.com>, Jean Price <jeanbigskybigwin@gmail.com>, Rep.Bob.Brown@mt.gov, Rep.Kelly.Flynn@mt.gov, winwithwhite@gmail.com, Rep.Matt.Regier@mt.gov, denleylogehd14 <Denleylogehd14@gmail.com>, Atomicrosie@gmail.com, Rep.Casey.Knudsen@mt.gov, Rep.Sue.Vinton@mt.gov, Twelch1213@gmail.com, Rep.Ray.Shaw@mt.gov
Ask for some respect for the work of the license committee. The legislature caused the 5 million in free and reduced license….the committee standardized all….and now legislators want to give special interest groups more freebees. OPPOSE VIGOROUSLY
HB 315 Essmann
Bill revising laws related to nonresident relative hunting and fishing license.
Reduces lic cost from 1/2 to 1/4.
Violates the work of the license committee and is self-serving
Please oppose and cite the integrity of the license committee who just went thru and standardized all these licenses. We had 5 million in free and reduced licenses before the committee fixed things. We can’t go back! OPPOSE
HB 318 Lavin
Bill revising nonresident college students big game combo license fee
Reduces license cost of a big game combo to $120.00 thus violating the license committee work.
Please oppose and cite the integrity of the license committee who just went thru and standardized all these licenses. We had 5 million in free and reduced licenses before the committee fixed things. We can’t go back!
The license working group was convened at significant cost to standardize free and reduced licenses.
They met many times as a collaborative working group made up of sportsmen, outfitters, business folks, landowners, etc. Why would someone want to violate all that work on reducing costs contrary to those in affect now??? OPPOSE

Saturday, January 28, 2017

Oppose HB 231

HOUSE BILL 231

The Montana Sportsmen Alliance opposes HB 231. In its current form it proposes the sweeping, complete elimination of property posting standards, the “Orange Paint Law,” of the Criminal Trespass statute (45-6-201-(2) MCA.) It abolishes the fundamental and well-accepted means of identifying private property boundaries that provides a broadly understood method of recognition and compliance. It unravels over 30 years of success with a fair and reasonable means of sharing the responsibilities for respecting and defining private property, thus taking a giant step backward in landowner-sportsman relations in Montana. HB 231’s arbitrary 11th hour amendment was made to a bill whose original stated intent and purpose had absolutely nothing to do with posting, recreation or land issues. Added in Executive Session, there was no opportunity whatsoever for discussion beyond the immediate committee. As such, there was no testimony from the wide range of people and agencies that have legitimate stake in the bill and will be significantly impacted in numerous ways by its passage.

  1. The Way We Do Business. The “Orange Paint Law” is commonly and broadly understood, accepted and generally complied with by the overwhelming majority of landowners, recreationists and the general public. If it’s not broke, don’t fix it.
  2. Fair. The current “Orange Paint Law” equitably shares the responsibility of defining and respecting private property rights with landowners.
  3. Changes Intent. HB 231 in its current version had absolutely nothing to do with the bill’s stated intent as described in its original title. The introduced bill addressed only issues of residential trespass. This amendment radically and questionably changes the bill’s intent, purpose and title.
  4. Public Interest. HB231 was amended during Executive Action. There was absolutely no public testimony offered to the Judiciary Committee to help guide their decision on the amendment.
  5. Impact beyond recreation. HB 231 would affect not only recreationists but the public at large. The Criminal Trespass law applies to anyone, engaged in any activity, not just recreation, who “...enters and remains unlawfully…”, on private property. A person simply taking a short cut across unposted private land could be charged with criminal trespass.
  6. Cost. As of 1/28/17, no fiscal note was attached to this bill. That is totally erroneous. If passed, HB 231 would place a huge burden on local law enforcement, Fish, Wildlife & Parks, DNRC as well as other local, state, and federal agencies and the general public. Although the Orange Paint Law was originally designed to address recreation issues, it applies to all forms of trespass. By virtue of the resulting ambiguity and radical change in law that HB 231 would propose:
  • County law enforcement agencies would be faced with responding to increased alleged trespass complaints.
  • Montana FWP would see increased complaints that would have to be responded to by game wardens.
  • State and federal agencies would be faced with a total revamp of any and all publications that explain state regulations on trespass.
  • The costs for this change would be shouldered by the counties and to an even larger extent, Montana Fish, Wildlife & Parks. This would divert precious resource dollars to “undoing” 32 years of a successful effort. Ultimately, the sportsmen and women of bear the burden.
  1. Ignores other laws. HB 231 completely overlooks the fact that there are other laws currently in place that synchronizes with the Orange Paint Law such as the requirement that any and all hunting and trapping on private land (from gophers and predators to big game and birds) requires landowner permission. HB 231’s impact extends far beyond the surface.


Tuesday, January 24, 2017

Legislative Details and Alert


Folks,

We are working on many issues of importance, nominations, and the legislature.  Our legislative priorities are:  

1.  Habitat Montana; ability to purchase key parcels fee title.
                       
2.  Increases in access to public lands

3.  Denying all attempts at transferrable tags-ranching for wildlife legislation
                       
4.  Supporting legislation to increase penalties on public road closures.
                       
5.  Legislation on revising outfitter assistant law…HB 289
                       
6.  Legislation on revising outfitter reporting…HB 290

7.  And as always, watching for bad legislation, building relationships with legislators, participating in the Sporting Coalition, supporting good legislation and fighting bad.

Things to watch now:

HB 289  MSA Bill to revise Outfitter Asst. Law
     Moga advanced an Outfitter Asst. Bill in 2013.  The bill was poorly written and vague as usual.  Now they want to remove the sunset BUT, there is some glaring abuse happening.  There is no definition for Emergency Guide and no authority for the Board of Outfitters to make rules.  There is also a provision for mandatory client notice of the use of an OA and if they have a first aid card.  We have no evidence if it is being followed or not.
PLEASE SUPPORT!!!

HB 290  MSA Bill to revise outfitter reporting law.  Moga is leading the charge on efforts to not report much of anything.  We think their harvest of public trust critters for profit entitles the public have certain info and share it digitally with both state and federal agencies involved.  We want to know what (big game) was harvested, where down to Hunting District, who harvested it, species and sex of harvested critters, and when it was harvested.  MOGA thinks we don’t deserve any info.
PLEASE SUPPORT!!!

NOTE:  We asked MOGA if they wanted to work together on these issues and they turned us down.  We offered to work with Foam and they accepted and contributed.  We offered the FWP an opportunity to work together and they accepted and provided insight and details needed by the agency.

HB 96   *****CAUTION*****


Short Title:    Revise free elk license/permit for landowner providing free public elk hunting
Primary Sponsor:    Zach Brown  (D) HD 63

This is a PLPW bill to attempt to give more permits to immediate family members and ranch help.  It is the old HD 454 tag with some embellishments.  This is a poke in the eye of PLPW who have spent several years working on this delicate compromise.

WARNING:  Rumor has it that Kelly Flynn has an amendment to create more free licenses that can be given to the landowner to give out(sell).  ***THIS IS TRANFERRABLE TAGS!!!!***  NO AMENDMENTS ACCEPTABLE  If any amendments move forward, KILL THIS BILL.

Joe
MSA








ACTION ALERT

Please OPPOSE ANY AMENDMENTS TO HB 96

Please call the Legislature at 406-444-4800 and tell the House FWP Committee that the Montana Legislature should oppose ANY amendments to HB 96.

Act now, because the bill could come up for a vote as early as Today!

HB 96, sponsored by Rep. Zach Brown, D-Bozeman, was a bill that the Private Land/Public Wildlife Council advanced on a consensus decision to improve an existing FWP program that gives elk permits to landowners who allow public hunting. The permits are only good on the landowner’s own land, and cannot be transferred to anyone other than a family member or employee.

HB 96 would increase public hunting by establishing a random draw for public hunters who have successfully drawn permits to hunt either sex elk.

The Private Land/Public Wildlife Committee carefully wrote HB 96 to protect this important Montana value.

Now that promise is at risk....
A proposed amendment to HB96 will let landowners give the tags to anyone, opening the door for abuse, fraud, and under-the-table deals to buy and sell tags. I oppose ANY action that could lead to turning our public wildlife into a private commodity!!

Please take a few minutes and call the House FWP Committee please tell the Montana Legislature to respect the hard work and compromise that went into HB 96 and oppose ANY amendments to HB 96.  406-444-4800  Thanks a bunch.

JW

Friday, October 14, 2016

MSA and the 2nd Amendment

Some folks have asked if the Montana Sportsmen Alliance “…supports the second amendment.” That is indeed a broad question, given the numerous political and social issues that firearms ownership and use means these days. The short answer is yes. But this bears some explanation.

Firearms have been and are an integral part of Montana’s history, traditions and culture, and certainly our hunting heritage. Our membership includes hunters, target and trap shooters, collectors, outdoor writers, gunsmiths, wildlife professionals, law enforcement officers and a wide array of other folks whose avocations and vocations revolve around guns. As such, MSA unequivocally supports the ownership and use of firearms, the second amendment (as well as the other 27 and the Montana Constitution) that makes such a right as well as all lawful, appropriate, and ethical uses ownership entails.

We are proud that our membership crosses social, economic and political lines. It has always been our belief that conservation is not the sole property of a particular political party or ideology but of all the people. Our membership has proven this time and time again when members who, in other political or social situations or discussions, couldn’t be farther apart come together as MSA. We are unified on behalf of fish and wildlife, wild lands, good stewardship and management, access and in sum, keeping the “Best” in “The Last Best Place.”

The MSA was founded and operates as a conservation organization. We began in order to fill what we believed was a serious void in the effective and informed advocacy for the wild resources that we, as Montanans, hold dear to our way of life, and our ability to enjoy and enhance our outdoor legacy. We saw —and still see— a growing threat to appropriate, reasoned, science-based management and opportunity and as such have tried to remain a focused, unified voice. We therefore pick our battles and direct our efforts and limited resources to those issues which we believe are fundamental to our purpose.

Firearms — their ownership, use, possession, misuse, et al— have hit the spotlight both nationally and here in Montana. There are many organizations whose sole purpose is to work exclusively in those arenas. MSA has, at times, allied itself with some of these groups in efforts where they align with our main conservation purposes. We opposed using suppressors for big game hunting because of ethical and legal issues- not because of gun use or ownership. We oppose I-177 because we believe it has ramifications for hunting, constitutes fundamentally flawed wildlife management and public policy and would further politicize the already over-politicized resource management process. But because of the huge array of sub and side issues, MSA must remain true to its primary conservation mission and not divide its efforts. Just as important, however, we whole-heartedly support and encourage our members to individually follow their beliefs and consciences and to be actively involved with whatever groups they chose and their issues.

So again, does the MSA support the second amendment? Absolutely.

Monday, October 10, 2016

2016 Montana Sportsmen Alliance Endorsements

Folks,
Once again it is election time. Absentee ballots go out this week. MSA has been very busy this cycle interviewing candidates, vetting choices, and sticking up for our candidates. We are proud of our list. Please consider these folks as we do; we are confident they are friendly to sportsmen/women, understand science based management, the Montana Model, Public Trust Doctrine, and Federal lands transfer baloney.
In this era of disgusting politics, it is hard to sort thru the BS and really tiring to listen to. Please do not become complacent…GET OUT AND VOTE. As you are voting, consider if the candidates know and understand our issues. Do they understand the resentment about legislating game management? Do they understand the fallacy of Fed Land Transfer? Will they stand with us against all the threats to fish and game management? And, DID ANY OF THE CANDIDATES SIGN THE STATE OR FEDERAL LAND TRANSER POSITION of both state and national GOP. MSA is non-partisan but we will be very uneasy voting for land transfer folks.
Even tho the ballots will be out, if you are confused on any stands, contact the candidate and ask questions. DO NOT VOTE BLINDLY!
Please GET OUT AND VOTE!
MSA Leadership


Denise Juneau US Representative
Steve Bullock Governor
Larry Jent MT Attorney General
Dirk Sandefur Supreme Court
Melissa Romano Superintendent of Public Instruction
Glenn Ferren SD 07
Jen Gross SD 25
Margie McDonald SD 26
Jeff Welborn SD 36
Tom France SD 47
Denley Loge HD 14
Rob Cook HD 18
Tom Jacobson HD 21
Jean Price HD 24
Casey Schreiner HD 26
Bridgett Smith HD 31
Rae Peppers HD 41
Jessica Karjala HD 48
Kelly McCarthy HD 49
Virginia Court HD 50
Merlyn Huso HD 70
Tom Welch HD 72
Amanda Curtis HD 74
Patrick Johnson HD 80
Janet Ellis HD 81
Scott Ralston HD 85
Margaret Gorski HD 88
Ellie Hill Smith HD 90
Addrien Marx HD 92
Willis Curdy HD 98

Thursday, September 29, 2016

The Montana Sportsmen Alliance proudly endorses Larry Jent for Attorney General

http://www.msapac.com/index.htm 



The Montana Sportsmen Alliance PAC proudly endorses Larry Jent in his candidacy for Montana Attorney General. 

Jent’s long-standing legal and legislative record supporting conservation and public land issues coupled with his personal experience and commitment to our wild outdoor heritage arms him with the perspective and knowledge to stand and act on behalf of the sportsmen and women of Montana as the state’s top legal official.

As an outdoorsman, Mr. Jent understands the passion Montanans hold for our wild resources and the vigilance necessary to ensure their continued enhancement and perpetuation. His experience as an attorney has given him the tools to stand on behalf of conservation issues, both in his community and at the state level. As a legislator, Mr. Jent has been at the forefront of efforts to protect public access such as Montana’s landmark Stream Access Law, successfully sought to expand penalties for the willful violation and unlawful commercialization of Montana’s wildlife and worked to gain pay parity for Montana Game Wardens. Across the board, he has played a key role in issues to deal fairly and responsibly with the delicate balance between private property rights and the Public Trust.

At a time when efforts are being intensified to privatize public resources and further exclude average Montanans from their outdoor heritage, Mr. Jent can be relied upon as an experienced advocate and an articulate and active voice against that tide. We need an Attorney General who supports and will defend the long-standing legal tradition and precedents that ensure a future for Montana’s wild legacy. Larry Jent has proven ability and commitment to do so.




Larry Jent Conservation Interview
  • Larry Jent's background
  • Access to MT State Lands & the Attorney General's seat on the State Land Board
  • Natural Resource Law - the Red Rim Case
  • Stream Access
  • MT Hunting Legislation & FWP Game Wardens
  • Bridge Access
  • Clean/Green Energy Technologies in MT
  • Attorney General Position and the State Land Transfer Issue
  • Outdoor Recreation, one of Montana's largest economies
  • Dark Money & Citizens United






Monday, March 28, 2016

Hunter Landowner Relations by Joe Perry




I am a farmer/rancher and landowner. I am also a hunter, angler, and recreationist. Each of these terms describe me but I am the sum total of all. I have never charged anyone a dime for access to my property. I take on as many hunters as I can but sometimes have to limit the numbers so as not to be overrun. After 40 years on the land, I have retired. Over that time, I have watched the “landscape” deteriorate from “hunt where you want but be respectful” to one of tightly controlled – or no- access. I believe that there is more to be said, and said candidly from the perspectives of both landowners and hunters/recreationists.

The root of the issue seems to be from a growing disconnect between rural landowners and urban recreationists. We’re all busy. We are much more mobile and don’t have the same level and type of contact with close friends and neighbors as we did in the past. I remember fondly all the times our family went to stay the weekend with our country cousins. Brandings, livestock and chores, machinery and driving, real fresh eggs, milk and cream and maybe hand-cranked ice cream Great wholesome food from gardens and barnyards. We kids kept busy all weekend while our folks visited and played cards. We developed an understanding of each other’s lives and real, close relationships came from that.

The level and kinds of interaction today has declined due to many factors. Livestock handling and machinery have become increasingly high tech and expensive. Kids aren’t welcome to play here. Farms having combinations of geese, turkeys, chickens, milk cows, beef, sheep, pigs, and cattle are rare.

In addition, there are so many additional “extra-curricular” activities and sports that we didn’t have. Parents pass each other coming and going, often dividing kid’s interests and commitments between them. Social time is at these events. Golf, tennis, soccer, swimming, etc. have been added to football basketball and track. Computer games and fast-thumbing on smart phones occupies the attention of so many folks.

Yet, a major touchstone of Montana’s heritage is shared resources such as wildlife. Montanans love to hunt and fish and recreate. It is family time. Wild game is a regular feature on the menus of many homes. People move here from out of state and work for less money than they could get in big cities for those reasons. Many of us who were born here made conscious decisions to stay here even if it meant making less money. The quality- and quantity of life- was worth the trade.

The personal relationship building of the past seems to receive less emphasis. Liability issues and OSHA make free help from outside folks much riskier and far less desirable. Relationships are much harder to build at a distance. Getting Western Montana townsfolk and Eastern Montana producers together happens on fewer occasions.

Something that many people who are not rural producers don’t understand is that Private Property Rights are paramount to landowners. Management decisions and the responsibility for the results of those decisions made on private property largely rest with the owners. Their livelihoods survive or not, based on these decisions. There too, are those landowners who consider the public lands they lease for farming or grazing to be essentially their own personal property. Many of these folks fail to recognize that they are only paying leases for grazing and/or farming. Those leases do not allow limiting access to the public. Also, as a result, many lessees are inclined to deny public access across their private property to access these public lands.

One thing that has struck me is that there seems to be little focus on what I call Public Property Rights. There are those who deny that the public owns all wildlife, and that each and every one of us shares in the ownership of our public lands. For some Americans and Montanans, public lands are the only ownership they will ever have. As a result, they love their public lands, and with good reason.

Why are landowners often at odds with recreationists? I see many contributing factors, attributed to both “sides.” Some recreationists show what I perceive is an arrogance about private lands. Folks forget that the landowner owes them nothing; trespass or access is a privilege not a right. Garbage dumping, littering, thoughtless tearing up of roads, willful unethical behavior, ignoring game laws, property damage and vandalism, unauthorized driving – the list goes on and on. When these activities regularly occur, it’s hard for a landowner to want to be generous. Additionally, many recreationists are not good about turning in illegal activities. They assume it’s not their problem or simply don’t want to be bothered. We need to step up and be accountable. “If you see something, say something” is the right way to help and show appreciation for the privileges you are accorded on private land.

The story of the hunter or angler encountering a landowner who treats them unfairly and poorly is as old as the hills. Upon asking permission to hunt on a rancher’s land, are lectured about how bad all recreationists are, getting a solid chewing for other’s inexcusable indiscretions. The recreationist gets an earful about how tough the landowner has it, and is personally blamed for the state’s wildlife agency’s missteps or contentious policies. Add to that the increasing lack of public access to private lands where there is so much pent up demand that landowners get inundated. Very early morning visits and calls and those late at nite to landowners who do welcome the public become overwhelming, coupled with long hunting seasons. As a result, good, reliable folks are denied access without having a chance to prove themselves.

Along with these issues, add private land outfitters to the mix. They are profit driven, and frankly, offer an alternative to landowners in the form of good payments and responsibility to handle all recreation on the place. Since outfitters usually demand exclusive access for their clients, the public is completely left out of the equation. Some outfitters claim to “manage” these places to maximize bucks and bulls but in reality is simply restricting access and as a result putting more and more wild critters on the ground. “Managing” for trophy wildlife by restricting access can be done by anyone; it is not wildlife management. Managing overall game populations and their distribution across the landscape is the charge of FWP in Montana. But there seems to be no responsibility taken by these outfitters to “manage” (i.e.- encourage and engage in the hunting of) all critters in the herd, particularly those pesky, “valueless” antlerless critters who are protected by limited access and hunting during the regular seasons, Wildlife numbers expand, often exponentially, with the result of over-objective herds, moving onto the neighboring properties (often ones that do allow public hunting), reeking havoc on someone else’s property. Late season, antlerless-only seasons then are demanded to solve the “problem” without affecting outfitted, antlered buck or bull clientele. There seems to be no consideration to run seasons concurrently to avoid brucellosis, chronic wasting disease, and other maladies that result from unnatural concentrations of wildlife. Concurrent seasons could disperse animals on the landscape while at the same time, offer public hunters a chance to harvest on private and public lands accessible to them. Shoulder seasons (hunting season that would begin and/or end after the 5-week General Rifle Season) were recently pushed as a means to deal with these problems. But they have performance criteria that require buy-in by landowners and outfitters, which has been pretty limited except with a few notable exceptions. The problems created for the private landowners through exclusive hunting on their properties keeps going to the legislature for resolution. The Fish and Wildlife Commission is the place where such decisions need to be made. They have the time, access to resources, information and expertise to consider the best way to move. Making wildlife management policy decisions in the partisan arena only serves to slap bandaids on problems and utilizes the most convenient and politically expedient solutions. We’ve seen the can kicked down the road too many times. Nonetheless, I expect to see the outfitters to continue to try to legislate their way out of their responsibility for the problem.

Farmers and ranchers were the original conservationists. Landowners are a fiercely independent lot and often that tenacity has paid off. Farmers and ranchers are coming off the best financial decade ever and they deserve it. There have been some real tough times for producers with little or no return on their investments. Often, government help was the only way we survived. Yes, government help with crop price deficiencies and disaster aid kept many farmers and ranchers on the land. Subsidized crop insurance makes risk management affordable to producers. In addition, the services of government agencies like the Farm Service Agency, Natural Resource Conservation Service and Dept. Natural Resources and Conservation provide help with land management decisions, loans, and improvements like water and grazing systems, fencing, trees, CRP, wildlife improvements, and many others. But are these entitlements? Maybe to some, but they are paid for by all the tax paying residents of our country, “The Public.”

Leases on state and federal public lands for farming and grazing are a huge, necessary part of many producers’ operations. Generally, these leases are made far below “market”- what would be charged by a private landowner. In the case of federal leases, they are so low as to be ridiculous. Yet, these allowances have kept many an outfit in Montana in operation. Once again, who pays for the costs of these agencies who often manage at a big loss? “The Public.”

My intention is not to single out anyone. Keeping agricultural operations viable not only contributes to the economy but more often than not, has been of great benefit to wildlife, fisheries and public recreation in general. But I think it’s important to point to the fact there is legitimate and crucial financial interaction and relationship between producers and the public. Yes, those same town folks who you go to church with, basketball games, funerals, weddings, and benefits. The same folks who own the hotels, restaurants, gas stations, stores, bars, etc. The families your kids go to school with. Property taxes paid by landowners are a major component of the sustenance of our towns and counties. We need to recognize that it is a two-way street.

I believe it’s high time to realize we are all in this together and no one is getting out alive. Landowners, producers, and their city cousins all contribute to something called community, this thing we call “The Last Best Place”. FWP manages wildlife in trust for all of us. We all have legitimate and equal stakes in how it is managed and maintained into the future. Landowners as well as recreationists must realize we all rely upon one another, and, in fact, need each other. Tolerance and cooperation are the main components of our collective successful future. We all need to take responsibility for our actions!

Solutions: Sportsmen, take the FWP Hunter Landowner Stewardship course online. Report lawbreakers, “if you see something, say something.” Treat access to private lands as a privilege. Use “Fair Chase” and “Hunter Ethics” as your guide.

Landowners, know what the “Public Trust Doctrine” and the “North American Model of Wildlife Conservation” are. Remember your leased public lands are a privilege not a right. Share the resources your property can offer with your less fortunate urban cousins. Keep track of bad eggs and habitual offenders and let them pay the price for indiscretions, while allowing others to prove themselves. Have enough tolerance for the Public to harvest excess critters within the regular season.

Outfitters: Yes you are a business but, since you harvest Public Trust resources, treat it as a privilege. Look at more than just money in your pocket. Have some compassion for the critters. Work with sportsmen to allow harvest on leased lands during the regular seasons. Take responsibility for problems you create. When you run to the legislature to bypass public process, expect to pay the price of bad relationships with the Public. Public Land Outfitters, if you don’t want to pay the price for bad relationships caused by Private Land Outfitters, speak up for integrity! You have always shared the resources and have taken a shared role in management decisions. You have worked with sportsmen on a variety of issues. Be cautious who you allow to represent you.  Private land outfitters, quit stirring the pot.

Joe Perry