Chapter IV - Block Management Effectiveness 



Exploring Options Section 87-1-267(5), MCA, indicates benefits are to be provided "to 



offset potential impacts associated with public hunting access, 

 including but not limited to those associated with general ranch 

 maintenance, conservation efforts, weed control, fire protection, 

 liability insurance, roads, fences and parking area maintenance" 

 (emphasis added). Section 87-1-266, MCA, allows the department 

 to provide one sportsman license to resident landowners, and non- 

 residents can receive a non-resident big game combination license. 

 These statutes would seem to preclude most forms of other benefits, 

 such as tags/permits, different hunting licenses, preference points in 

 the drawing system, etc., without a statutory change since they do 

 not offset impacts. 



Section 87-l-267(6)(d), MCA, states "The department may provide 

 assistance in the construction and maintenance of roads, gates, and 

 parking facilities and in the signing of property." In reviewing 

 minutes from HB 195 testimony, the intent of this statute was to 

 provide money for the items listed, not necessarily the items 

 themselves. Although testimony indicates assistance is to be in the 

 form of money, the statute does not preclude the department from 

 supplying materials and labor. 



Rules mention a number of items as various forms of compensation. 

 These include department oversight and supervision of hunting on a 

 BMA, supplying permission books or other materials which 

 document hunter use, money, livestock loss insurance, wildlife game 

 damage materials and supplies, and participation in other department 

 cooperative programs. All but the last item are benefits that offset 

 potential or actual impacts associated with public hunting. Assuming 

 the last item pertains to the Habitat Montana Program and the 

 Upland Game Bird Habitat Enhancement Program, participation in 

 those programs does not offset potential or actual impacts. The 

 department uses block management to build a relationship with 

 landowners so they might participate in those programs, but 

 technically the programs do not offset hunter impacts. 



Based upon comments from staff and landowners, it seems providing 

 benefits other than compensation would be a program enhancement 

 which allows the department to enroll more land into the program. 



Page 42 



