Monday, February 6, 2017

EMWH Leg. Update

EMWH Subscribers,

A Legislative Alert

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.

http://zubeezone.com/blog/wp-content/uploads/2015/04/More1-300x194.gif 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 pre-
sumably 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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406-579-7748
Bozeman, MT
www.emwh.org

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KILL HB 96

KILL HB 96

The Montana Sportsmen Alliance opposes House Bill 96. We oppose it because it negates and violates the original intent of the Private Lands/Public Wildlife Council’s hard work and at the same time, opens the door wide for transferable hunting licenses and tags in Montana. We unequivocally oppose this practice.  Honest efforts to help were immediately amended to something intolerable!  Don’t get confused on amendments, JUST KILL THIS BILL!

House Bill 96 was originally developed out of the Public Land/Private Wildlife Council (PLPW) as a means to increase access to private lands that were not previously open to the general public. The PLPW is a collaborative resource advisory group that was created by the Governor in 1995 as a means to bring together different views and develop ideas and solutions in regards to recreation, access, wildlife and private property issues. HB 96 grew from discussions and ultimately, a delicate consensus recommendation from this group.
The original version HB 96 addressed access by suggesting incentives for private landowner participation. Those incentives included licenses tags that landowners would be eligible for if a certain level of public access was attained on their private property. Those tags could be used by family members or full-time employees of the property, in a similar fashion that Landowner Preference is allowed in the application for tags.
Upon reaching the House Fish and Game Committee, the original bill was amended and expanded to allow the tags to be transferred to anyone, regardless of relationship to the property. This establishes a basis and precedent for a formal, wide-open system of transferable hunting licenses in Montana.
MSA cautiously supported the original HB 96. However, the current version goes far beyond the original intent and proposes a Colorado -style system similar to their Ranching for Wildlife programs. That program has been rife with problems, both for the public and in implementation. We cannot allow such a system to gain a foothold in Montana.
The current HB 96 compromises and negates the work, intent and efforts of the PLPW; it sets Montana directly on the path towards the privatization of our public wildlife, with few practical safeguards against abuse. It has become a bad bill.


 The threats this bill embodies are intolerable! 
          With big money Bucks and Bulls on the line there is no effective way to monitor landowners taking cash or goods or services for access. 

Montana Sportsmen Alliance
John Borgreen, Great Falls
Sam Milodragovich, Butte
Steve Schindler, Glasgow
Joe Perry, Conrad
Jeff Herbert, Helena
JW Westman, Park City
Robert Wood, Hamilton

Tuesday, January 31, 2017

HB 289

HB 289
Folks,
This bill is up Thursday, 2/2/17 at 3pm. Please work this one hard! SUPPORT
Moga is trying to beat the intent of the law by keeping “emergency” and its definition out of statute. Please help us in trying to protect the resident and non-resident sportsmen/women! Contact House F&G House Fish, Wildlife & Parks Committee
An MSA bill revising Outfitter Assistant (OA) Laws: An effort to force some credibility in the OA laws and enable the Board of Outfitters (Boo) to set rules. It puts the definition of “emergency guide” in statute and allows for Boo rule making.
Currently the OA law is being abused regularly and there has been no check on its use. It contains a provision that requires the outfitter to tell the client before the trip that they have an OA and if they have a first aid card. Is this being done?? No checking has been done.
Boo is pretty dysfunctional with MOGA controlling most votes. Clearly, they don’t want any audits on OA use.
PLEASE Support

HB 290

Folks,
This is currently scheduled for Business and Labor at 8:30am Thursday 2/2/17. Please work this one hard as it is an uphill battle and we’ll lose the ability for game managers and law enforcement folks to get this data without subpoena.
MSA
House Biz and Labor Committee
marknolandhd10@gmail.com, amanda@amandaformontana.com, Rep.Vince.Ricci@mt.gov, Rep.Willis.Curdy@mt.gov, Rep.Ross.Fitzgerald@mt.gov, Rep.Moffie.Funk@mt.gov, Rep.Steve.Gunderson@mt.gov, Denleylogehd14@gmail.com, Rep.Andrea.Olsen@mt.gov, Rep.Gordon.Pierson@mt.gov, Atomicrosie@gmail.com, Rep.Casey.Schreiner@mt.gov, Rep.Sharon.peregoy@mt.gov, Rep.Jeremy.Trebas@mt.gov, Rep.Sue.Vinton@mt.gov, Rep.Daniel.Zolnikov@mt.gov

An MSA bill revising record keeping by Board of Outfitters (Boo). MOGA is trying to reduce record keeping to nearly nothing. We want and need digitalization of data and want it shared between state and federal agencies involved in oversight of outfitters or the critters they harvest.
Specifically and very simply, we need to know:
who…..name and als
what…..big game harvested reported as to sex, species, and location down to hunting district (HD)
when….date of harvest
where…HD
Remember, no other license group uses public trust resources like outfitters!
We encourage the reduction in paper reporting but not at the cost of no data. What little we want is a small price to pay for harvesting public trust critters for free. The public…the owners….want this info collected.
Hunter surveys don’t collect the same data and the sample size (statistical significance) is small for outfitters. Shoulder seasons, harboring, and outfitter leasing of private and public lands require this data in order to successfully manage our big game resources.
It is ludicrous that outfitters think they can minimize all of what they report and thumb their noses at the public.
***Note*** MOGA was given a chance to work with us and declined.
PLEASE SUPPORT

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