United Property Owners of Montana (UPOM) filed suit earlier in March against the Montana Department of Fish, Wildlife, and Parks (FWP) seeking declaratory and injunctive relief.
The group contends the recently developed and released record of decision for the environmental impact statement (EIS) from FWP was in violation of the Montana Administrative Procedural Act and the Montana Environmental Policy Act. UPOM advocates for the rights of Montanans to own, use, and enjoy private property.
“Montana Fish Wildlife and Parks are determined to pursue this reckless free-roaming bison plan despite overwhelming opposition from the Montanans who would be impacted,” said Chuck Denowh, UPOM policy director. “The wild bison EIS released by FWP in January shows their disregard for local input. Someone has got to stand up for the Montanans whose way of life would be devastated by free-roaming bison—which is why we’ve filed suit to challenge FWP’s EIS.”
The EIS decision by the FWP concluded the implementation of a proposal within the general parameters of one of three parameters, or a combination, is appropriate. The parameters are:
• Restoration of a publicly managed bison herd on the private and/or public lands of a willing landowner(s);
• Restoration of a publicly managed bison herd on tribal lands; and
• Restoration of a publicly managed bison herd on a large landscape where there are minimal conflicts with livestock.
The FWP states the EIS was “programmatic” in nature and any concrete proposal for restoration will undergo site-specific analysis and include a public review process.
FWP Director Martha Williams stated in an interview with Tom Schultz on the “Voices of Montana” show in February that it is appropriate to reinstate the bison population if they address previous issues presented by the legislation. Williams, however, stated that the DWP would not comply with the county ordinances that previously passed.
Local and state initiatives regarding the issue
Senate Bill 212 was passed and signed by then-Governor Brian Schweitzer in 2011. The act required the FWP to manage wild buffalo or bison with management plan before they are released or transplanted onto public or private land. An amendment to the existing legislature found “significant potential exists for the spread of contagious disease to persons or livestock in Montana and for damage to persons and property by wild buffalo or bison.”
Under the bill, the FWP was responsible for the management of the wild population that has not been exposed to or infected with a dangerous or contagious disease but may threaten persons or property. The department should also consult and coordinate with the department of livestock on implementation to ensure the animals are disease-free on public or private land. The provisions also call for animal tracking and identification and they are contained in designated areas.
In response to the American Prairie Reserve buying large tracts of land, voters in several Montana counties enacted bison management ordinances, which require that all bison in the county, both domestic and wild, be tested for brucellosis, be branded or tagged and have their health status tracked. Under these voter-enacted ordinances, entities that wish to graze bison in the county must have a management and conservation plan. The ordinances did not apply to tribal lands, some of which contain bison herds since they are sovereign lands unless they escape onto private property.
History of the FWP EIS
In 2010, FWP began a process to evaluate opportunities for restoring bison somewhere within the state through the development of a programmatic EIS. In 2011, a background document was prepared by FWP staff and held several public hearings throughout the state on the scoping background.
FWP convened a group of representative interests in Lewistown in September 2013 to discuss the most effective way to move forward with the EIS process. The objectives of this “Bison Discussion Group” meeting were “to provide an opportunity to better inform and clarify interests and concerns about bison on the landscape, and to explore common values, parameters and guiding principles related to bison.” The discussion group met two more times in 2014 and public comment was accepted during each meeting.
In June of 2015, FWP finalized a draft EIS and held five public hearings along with a 90-day comment period. Public hearings were held in Bozeman, Billings, Great Falls, Malta, and Miles City. Persons who testified at public hearings were encouraged to submit their comments in writing. Of the comments received, there was concern regarding the economic stability of local communities, due to effects on agricultural producers, changes in land use, and the disease brucellosis. There were concerns that FWP’s continued discussion of bison restoration will result in the degradation of relationships with landowners, less public access for hunters, and the loss of FWP service in other areas. — Charles Wallace, WLJ correspondent
