Alternatives Considered 



L Eliminate liujitiii^ a^ a ptni of the grizzly bear maua^cvicnt pn\^ram. 



This approach would eliminate a key local and national constituent group with demonstrated 

 commitment to the species and its habitat. Additionally, this would greatly hinder FWPs ability to 

 develop increased tolerance for the species. This management tool has been used successfully for 

 other wildlife, including bears, in Montana and elsewhere and confirms its usefulness. 



2. FWP should make bear sprai/ mandator]/ for liiinters. 



While FWP is currently prepared to assist in notifying people of the benefits of bear spray and 

 encouraging recreationists to carry it, it appears premature to make it mandatory at this time. 

 Mandatory carrying of bear spray may be appropriate at certain times or places, and FWP will 

 evaluate this option as appropriate. However, there are currently significant liability and 

 enforcement issues surrounding a "mandatory" approach. Furthermore, carrying spray may lead to a 

 false sense of security that replaces common sense and careful backcountry practices. Bear spray can 

 be ineffective in windy areas, and individual bears can have very different responses to the spray. 

 Also, in some situations people would be better to assume a defensive posture (on the ground with 

 no movement) than to be actively fumbling for a spray can. Also, the spray comes in many brands, 

 with many capsicum concoctions, with many shelf-life constraints and propellant systems. It is no 

 doubt a valuable tool, but it is only one of many and cannot replace common sense or other 

 recommendations of appropriate behavior. However, to provide an example for the public, FWP will 

 make bear spray available to all field personnel operating in bear country and encourage employees 

 to carry it during the non-denning season when bears are active. 



E. ENFORCEMENT 



FWPs goal is to develop a program that includes the level of state and federal law enforcement deemed 

 essential to achieve compliance with laws and regulations governing grizzly bear conservation. 



> FWP enforcement personnel will continue to coordinate with federal, tribal and local authorities as 

 necessary. 



> FWP will enforce the statues relating to intentional feeding of both black and grizzly bears to 

 eliminate the problem. 



> FWP will seek authority by developing a Memorandum of Understanding (MOD) with federal 

 agencies to enforce attractant storage regulations on federal lands. 



> FWP will seek additional funding and authority to enforce travel management plans, including off- 

 road vehicle use. 



> FWP will evaluate the further need for higher fines and/or penalties for illegal mortalities. 



> FWP will actively work to educate judges and county prosecutors on the importance of strict fines to 

 deter illegal killing. 



Statutes have been passed to make it illegal to intentionally feed or attract bears (Appendix H). People 

 who intentionally feed or attract bears to their residence create problems that impact their neighbors, 

 jeopardize human safety, and result in problem situations. These actions are now illegal. 



In addition, because of concern that fines for illegal killing of a grizzly bear were too low, the state 

 legislature increased them in 2005 (House Bill 514). Current state fines for illegally killing a grizzly bear 



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