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Easement tour

During a visit to the North Sunday Creek Conservation Easement north of Miles City, FWP Region 7 wildlife manager John Ensign (left) explains the process behind completing a conservation easement to Citizens Advisory Council members and area legislators. Pictured from left to right are Shirley and Ed Bukoskey (CAC), fisheries manager Mike Backes and Rep. Geraldine Custer.

Construction of a fish bypass channel has begun on the Yellowstone River at the Intake Diversion Dam near Glendive, according to Mike Backes, fisheries manager for Fish, Wildlife & Parks in Miles City.

Backes was speaking recently to the Region 7 Citizens Advisory Council.

The dam impacts upstream spawning runs of endangered pallid sturgeons and other native species, so the channel is designed to allow better passage. Backes said the massive project will span three years. An existing side channel is blocked during construction, so Backes said there could be some short, intense paddlefish seasons until the channel is completed.

Fisheries crews also continue to track translocated pallid sturgeon as they venture farther upstream in the Yellowstone and Powder rivers.

Backes also encouraged CAC members to share with their neighbors the option to have FWP stock prairie ponds. Backes said the process is simple, and anglers must ask permission each time to gain access.

CWD

After significant efforts in Regions 4, 5 and 6, it is Region 7’s turn this year to conduct sampling for chronic wasting disease, according to John Ensign, Region 7 wildlife manager. CWD is a progressive, fatal disease affecting the central nervous system of deer, elk and moose.

The priority surveillance area will be the southern half of Hunting Districts 702, 704 and 705. During the general season samples will be collected at check stations in Hysham, Ekalaka and Ashland, as well as at the Miles City office. FWP will pay for testing of animals harvested in priority areas; elsewhere, hunters must submit and pay for their own samples if they want their animal tested.

CWD has not been detected in Region 7 yet, but FWP is taking a “proactive and preemptive approach” by setting up a management zone in proximity to a CWD-positive result just south of the Montana border in Wyoming, Ensign explained. Hunters will not be allowed to take whole carcasses out of that zone to help prevent the spread of CWD, so they should be prepared to quarter out the meat for transport purposes.

There have been no cases of transmission to humans, but the Centers for Disease Control recommends that people do not consume CWD-positive meat.

Region 7 will do extensive CWD outreach and education including open houses prior to the general season.

Wardens

A legislative reduction in the amount of time wardens must spend on non-enforcement activities allowed them more flexibility with their time and budgets this year, according FWP Region 7 supervisor Brad Schmitz. Previously, each warden had to spend 640 hours a year on non-enforcement work so their budgets could tap into federal funds reserved for wildlife management. That was significantly cutting back on enforcement time and presence, so legislators tweaked that formula this session.

New to parks

Schmitz said FWP has hired a new regional park manager to oversee Regions 7 and 5. Jamie Hould, who managed Region 7’s fishing access site program and previously served in parks, has been tapped for the post. Hould will be based in Miles City. Schmitz said eventually there will be a person hired for the Region 5 Billings parks post because of the vastness of the area Hould has to cover.

Bears

According to warden Capt. Jack Austin, it’s been an unusually busy year for black bears in Region 7, with wardens dealing with at least 15 bear situations. Five incidents have resulted in black bears being fatally shot by citizens. Of the other cases, one bear was relocated and another was hazed with rubber bullets.

“June and July was just bear central for us,” Austin said.

“I really can’t say what’s the trigger,” he added. “As it gets drier, we expect more, but we haven’t seen it yet — knock on wood.”

Region 7 has a fall bear quota of eight and a spring bear quota of four, and the spring quota is seldom met. The bear activity has created some opportunities for educating people to secure attractants to help prevent encounters, Austin said, and he hopes people will use tolerance and work with FWP to give the bears a chance to survive.

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Fading ink

Office manager Erin O’Connor encouraged people to check their hunting licenses before they go out this fall. FWP has an ongoing problem with fading ink on printed licenses, making them barely legible. People can have their licenses reprinted for free at any FWP office.

Courts

CAC’s George Luther, of Miles City, asked if Region 7 has any lands that could be impacted by the recent Herrera v. Wyoming ruling before the Supreme Court. The court determined that, contrary to an earlier state court ruling, the Crow Tribe’s hunting rights under the 1868 Fort Laramie Treaty did not expire when Wyoming became a state. Essentially, that treaty gave tribal members the right to hunt on “unoccupied lands of the United States.” It's up to the state to define unoccupied lands.

Schmitz said FWP is meeting with legal counsel to address that question.

Easements

CAC members and area legislators took a field trip on Aug. 7 to the North Sunday Creek Conservation Easement just northwest of Miles City. The easement, which was created in 2018, allows public access to 14,300 acres of private land including key antelope and grouse habitat in Custer and Rosebud counties. Access to this working ranch is administered through the Block Management Program.

A conservation easement is a partnership between a landowner and FWP in which a landowner maintains ownership but voluntarily transfers some development rights to FWP to achieve conservation benefits. Often the agreement maintains existing agricultural land use while protecting or enhancing wildlife habitat. Managed public access is also part of the agreement. Funding is mostly through hunting license sales, or FWP may partner with other groups or agencies to purchase easements. Once enacted, an easement is permanently attached to the property deed.

Conservation easements are just one of the tools FWP uses to help landowners work through challenges and find common goals, according to Schmitz.

He explained that with 75 percent of the region consisting of private land, “We don’t have a business if we don’t work with landowners.”

The first conservation easement in Region 7 was in the late 1980s. Today Region 7 has eight easements in place, with others in the works, and the agency has learned many lessons about what works and what doesn’t, Schmitz said.

The primary aim is to preserve a specific type of habitat or opportunity, he explained. Pointing to the prairie around him, he noted that intact habitats like long-grass prairies no longer exist in many western states.

“There’s a real value in preserving this,” he said.

Easements typically take a minimum of two years to work through the process, which Schmitz says is a good thing. It is a two-way street, and landowners need to understand the permanence and weigh all factors. A management plan addresses things like grazing systems and hunting access, with room for flexibility if needed, and proposals undergo a lot of review.

“The partnership doesn’t go away when the ink dries,” Schmitz said.

Many easements arise out of existing relationships with producers who may already participate in other FWP programs like Block Management or upland game bird food plots.

“These people have a conservation ethic and are conservation minded, and they want to maintain the nature of their property once they’re gone,” said FWP Region 7 wildlife manager John Ensign.

“We’ve never had more people coming to us and saying this is important to us,” he said. “The need is still out there, and the desire is there.”

Both Schmitz and Ensign acknowledge that easements are not for every landowner or situation, and people contemplating one should ask lots of questions.

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