SB-245 would have directed FWP to bring back the late season cow hunts. There has been several big landowners support the bill and have committed to allow access for the late season cow hunts, with some willing to allow some bull hunting as well. This bill would have created a lot of opportunity and access.

SB-425 had passed the legislature, but was vetoed by Governor Bullock...

Here is the legislative audit of the FWP damage program. SB 425 was introduced this spring to provide more access and opportunity to hunt late season elk in Montana.



May 2015 Legislative Performance Audit of the FWP’s Game Damage Program

The Legislative Performance Audit of the FWP’s Game Damage Program was finally released, but was completed prior to 2015 Legislative secession, why it wasn’t released sooner is unknown. The audit found several areas of concerns, with the Auditors making 11 recommendations to the Department to improve the Program. In the Department’s response to the Audit, they concurred on all the Recommendations except #5. The Director is making changes to the Program in order to abide by the Recommendation made by the Audit committee. I find it interesting that media outlets have not reported on this Audit.

The Audit found that there wasn’t any consistency in the implementation of the Game Damage Program, with many of the Regional staff requiring landowners to provide unrestricted free public hunting or in many cases would not allow landowners to charge a fee to hunt in order to qualify for Game Damage assistances. In some cases Department personnel would not consider Friends and Family to be counted as public hunters in order to qualify for Game Damage hunts or other assistances.

The Audit's 11 Recommendations and FWP’s Responses are as follows:

Recommendation # 1
We recommend the Department of Fish, Wildlife, & Parks expand and clarify:

A. Policy for documenting game damage complaints and landowner eligibility reviews related to game damage assistance.
B. Timeline requirements for reviewing and approving documentation related to game damage complaints and landowner eligibility.

Response: FWP concurs. The Department intends to adopt amended Game Damage Program policies, including those referenced in Recommendations 1A.and 1B. above, as soon as practicable, but no later than November 30, 2015, to provide clear and consistent guidance to Department staff about how to properly document and implement Game Damage Program actions.


Recommendation #2

We recommend the Department of Fish, Wildlife, & Parks:

A. Define the role of regional supervisors, wildlife managers, warden captains and game damage coordinators in reviewing and approving decisions regarding game damage assistance provided to landowners.
B. Develop and implement policy for maintaining documentation for the approval of game damage hunts and management seasons.

Response: FWP concurs. The Department intends to adopt amended Game Damage Program policies, including those referenced in Recommendations 2A.and 2B. above, as soon as practicable, but no later than November 30, 2015, to provide clear and consistent guidance to Department staff about how to properly document and implement Game Damage Program actions. FWP anticipate the completion of the information management system addressed in Recommendation #7 will help to ensure consistent implementation of game damage policies, including documenting appropriate reviews and approvals in a timely manner.

Recommendation #3

We recommend Department of Fish, Wildlife, & Parks comply with administrative rule by:

A. Providing landowners with written decisions, including landowner appeal right, when game damage is denied.
B. Submitting copies of written decision documents to the director’s office when game damage assistance to landowners is denied and landowners appeal the decision.

Response: FWP concurs. The Department intends to amend current forms and administrative procedures to ensure all landowners making formal game damage complaints are provided with documentation that explains the Department's decision regarding a game damage complaint and also explains the process for appealing that decision. In the event that a denial decision is appealed, the Department will also ensure appropriate documentation is provided to the director's office.

Recommendation #4

We recommend the Department of Fish, Wildlife, & Parks establish a clear definition of the public hunting requirements landowners need to meet to qualify for game damage assistance:

Response: FWP concurs. However, each game damage complaint is unique depending on the circumstances of the situation, the species involved, the habitat, etc. The many factors and variables involved in each individual game damage complaint situation present a very real challenge to development and adoption of some simplistic equation or formula that can be applied across the broad spectrum of landownership, game species, game animal populations and distributions, management situations, and actual game damage incidents. The current definition and associated documents have, when properly applied in a thoughtful manner with Department staff communicating clearly with affected landowners, resulted in decisions mutually and amenably agreed-upon between the Department and landowner regarding whether or not the landowner qualified for assistance through this program.

In 2006, the Department adopted a new ARM that attempted to provide a better definition of the public hunting requirements landowners need to meet to qualify for game damage assistance. ARM 12.9.803 states "...For eligibility, public hunting must be allowed at levels and in ways sufficient to effectively aid in management of area game population. Restrictions that may significantly restrict public hunting include:

a) Species or sex of animals hunters are allowed to hunt;
b) Portion of land open to hunting;
c) Time period land is open to hunting;
d) Fees charged; or
e) Other restrictions that render harvestable animals inaccessible ..."

In conjunction with the new ARM adopted in 2006, FWP developed a form called the Landowner Eligibility Worksheet. This form requires the responding biologist or warden to explain, "Based upon general knowledge of area game herd numbers and population, district population management objectives, area land types and ownerships, and other relevant factors, approximately how many public hunters hunting during the general season and/or how many harvested animals might be required to achieve a level of harvest on this property and subsequent dispersal during the general hunting season to effectively aid in management of (type noted on this form) throughout the overall management area.

This form requires both the area game warden and area biologist to sign this portion of the form, indicating both have agreed to the specified levels of public hunting required to meet the public access eligibility requirement. The Regional Supervisor is then required to sign the form indicating whether or not the landowner is eligible for assistance, based upon the cumulative information provided on the form.

Given the wide diversity of habitats, landownership patterns, and wildlife numbers, consistency in agency response may not be quickly visible in some situations without careful consideration of the detailed context in each complaint. For example, one level of access in an area where the elk population is under objective may "effectively aid management" while the same access level in another area where the elk population is over objective may in fact be a primary reason the population is over objective. In all cases, circumstances and rationale for both assistance approval and denial must be consistently documented.

HOWEVER, the Department is fully committed to trying to address this recommendation through further refinement and development of clear and consistent criteria and guidelines to help Department staff, affected landowners, and public hunters determine what constitutes adequate public hunting access for program eligibility. The Department intends to solicit and utilize input from hunters, landowners, and outfitters in this effort, though at this time it is unclear whether that process may include work by a group like the Private Land/Public Wildlife Council, or be conducted through some other Department public process.

Recommendation #5

We recommend the Department of Fish, Wildlife, & Parks no longer use supplemental game damage licenses in conjunction with game damage hunts and management seasons to address game damage issues.

Response: FWP partially concurs. There is no statutory or ARM provision that prohibits use of supplemental game damage licenses in conjunction with game damage hunts or management seasons. There may be specific situations in which it is entirely appropriate to combine these tools. However, the Department agrees with audit report recommendations that the statutory and ARM authority that applies specifically to supplemental game damage licenses should not also be extended to selection of hunters for game damage hunts and management seasons. Subsequently, the Department will adopt appropriate ARM and policy revisions to address that issue.

Recommendation # 6

We recommend the Department of Fish, Wildlife, & Parks amend administrative rules related to supplemental game damage licenses to allow individuals to possess up to two elk licenses as authorized by state law.

Response: FWP concurs. While MCA 87-2-520, the law authorizing issuance of supplemental game damage licenses, was adopted at a time when other Montana law limited hunters to harvesting no more than one elk in any license year, subsequent changes in law regarding how many elk a hunter may harvest per year, and how many elk licenses and/or permits a hunter may possess at any one time, have changed, necessitating amendments to corresponding administrative rules like this. The Department intends to amend ARM 12.9.805 as soon as practicable.

Recommendation #7

We recommend the Department of Fish, Wildlife, & Parks prioritize and implement a management information system to better track, monitor and improve accountability of the department's Game Damage program.

Response: FWP concurs. The Department has made this an agency priority and has committed necessary staff and resources towards development of a Game Damage Program Application in hopes of having key elements of this system functioning by November 30, 2015. Ultimately, FWP expects this system will help address many of the recommendations in this audit, including helping ensure consistent implementation of game damage policies, documenting the response to formal complaints, documenting appropriate reviews and approvals in a timely manner, and tracking game damage materials,

Recommendation #8

We recommend the Department of Fish, Wildlife, & Parks:

A. Update administrative rules and game damage policies regarding the use and issuance of cracker shells and ammunition when responding to game damage complaints.
B. Develop more comprehensive game damage policies regarding oversight and administration of herding contracts.


Response: FWP concurs. The Department intends to adopt amended Game Damage Program policies and administrative procedures as soon as practicable, but no later than November 30, 2015, to provide clear and consistent guidance to Department staff about use and issuance of cracker shells and ammunition, oversight of herding contracts, implementation of other game damage response actions.


Recommendation #9

We recommend the Department of Fish, Wildlife, & Parks:

A. Establish contracts in all regions that exceed $5,000 in annual purchases for stackyard materials.
B. Purchase stackyard materials from contracted vendors in regions that have a contract


Response: FWP concurs. The Department will comply with all state procurement rules. The Department intends to have appropriate contracts in place for all regions for FY 16, while also exploring other options to determine how to most effectively meet the needs of field staff in responding to game damage complaints in remote areas in the most appropriate, efficient, and cost-effective manner.


Recommendation # 10

We recommend the Department of Fish, Wildlife, & Parks develop and implement policy on the staff responsibilities and expectations for monitoring contracts for game damage materials.

Response: FWP concurs. The Department will develop and implement policy and administrative procedures to provide for adequate clarification and coordination of responsibilities for headquarters and regional staff members regarding purchase of game damage materials covered under contract procurement procedures.

Recommendation # 1 1

We recommend that the Department of Fish, Wildlife, & Parks implement inventory controls to track inventory of game damage materials from acquisition to issuance to landowners.

Response: FWP concurs. The Department intends to develop new policy and administrative procedures to help address this recommendation, and anticipates that some components of a newly-developed Game Damage Program Database will also be effective in addressing this issue.











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