HABITAT MONTANA REPORT TO THE 61™ MONTANA LEGISLATURE MONTANA FISH, WILDLIFE AND PARKS JANUARY 2009 TABLE OF CONTENTS Purpose of Report 3 History of the Program 4 Project Summary Table 9 Section I HB 526 Completed Projects 10 Other Funding Sources Completed Projects 22 Section II HB 526 Projects in Progress 27 Appendix 1 30 Digitized by the Internet Archive in 2011 with funding from Montana State Library http://www.archive.org/details/habitatmontanare2009nnont PURPOSE OF THE REPORT This report summarizes actions from January 1,2007 to December 31,2008 relative to HB 526 (87-1-241 et seq. MCA) as passed by the 1987 Montana Legislature, as well as provides a summary of Fish, Wildlife and Parks habitat conservation programs. ARM 1 2.9.5 1 1 directs FWP to apply Habitat Montana guidelines to all the department's habitat acquisition programs, where appropriate. Between January 1, 2007 and December 31, 2008, FWP secured a total of 22,585 acres through a combination of fee title acquisition and conservation easement. These projects were completed using a variety of funding sources totaling $35,391,138, including $17,092,418 of HB526 (Habitat MT.) funds. The program popularly known as Habitat Montana came into existence because of a need felt by the people of Montana. Montanans cherish their wildlife and outdoor opportunities. In order to keep wildlife abundant for the long-term, the necessities of life for wild animals need to be maintained. In other words, conservation of habitat is an important goal for Montanans to preserve their way of life. Habitat Montana helps the people of the State maintain and produce wildlife habitat. It does so in a balanced fashion by maintaining the traditional agricultural uses of the land. After 20 years, the program has shown how wildlife and agriculture can coexist and benefit each other. The program has an installed client base that appreciates land conservation actions that will last for generations. HISTORY The Montana Dept. of Fish, Wildlife and Parks has been involved with conserving habitat for wildlife benefit since 1940. For many years there was no specific funding source to participate in the fundamental need to acquire, protect and manage important wildlife habitat. When dollars were available land was purchased and became part of the department's wildlife management areas. The "Habitat Montana Program" is the result of legislation passed in 1987 (HB 526) in which portions of several big game licenses were earmarked for the protection of wildlife habitat, particularly 'important habitat that is seriously threatened' (HB526 Statement of Intent). The rules ensure that acquired interests in habitat lands are reasonably distributed around the state in accordance with the statewide habitat acquisition plan. In the 1980s, conservationists discussed the possibility of specific funding for the department in order to acquire important habitat on a consistent basis, and to have funding when important habitat became available. The 1987 Montana Legislature saw the introduction of HB 526, which would be funded by fees from hunting licenses. The debate in the legislature was between those who did not want the Department buying land and those who saw habitat as the foundation for the future. The compromise by the legislature was authority given to the Department to acquire interests in land, with the legislature directing the agency to attempt conservation easements or lease before fee title purchase. Fee title purchase was still allowed because the legislature understood the seller of land would determine which method was in his best interests. HB 526 became reality generating about $2.8 million per year for acquiring interests in "important habitat that is seriously threatened". Approximately 92% of revenue for this program comes from nonresident hunting licenses. From the very beginning, the Department tried to implement the intent of the legislation, but its success was limited. The reason was twofold; the Department was unfamiliar with easements and needed to develop its expertise on implementing this conservation tool; and secondly, landowners were skeptical of easements. These two problems no longer exist. The first year that funding was available, the Department purchased two properties in fee title, the Robb/Ledford Wildlife Management Area (WMA) and an addition to the Blackfoot-Clearwater WMA. In 1989, the second year of operation, two additional WMA's were purchased. A major effort to acquire a conservation easement on the Brewer Ranch changed to a fee title purchase at the request of the landowner. The department assured the FWP Commission that easement terms would be placed on the Brewer property and then sold. This happened five years later. In 1990, FWP purchased its first wildlife easement (160 acres as part of Dome Mountain Wildlife Management Area). In 1992, FWP made an agreement with a landowner to enter into a five-year management agreement which both parties hoped would lead to an easement, which did happen in 1998. A major threshold was crossed in 1994 with the success of exchanging the Brewer property, with easement terms in place, for an easement on Page/Whitham property north of Fort Peck Reservoir. Interest by the agricultural community accelerated with the involved landowner answering many questions from interested landowners. Since then, the department has had a variety of projects to choose from. In 1989, HB720 mandated a social/economic impact analysis be completed with each acquisition. Now, with each acquisition, as part of the Montana Environmental Policy Act public review process, three documents are made available; an Environmental Assessment, a Management Plan, and a Social/Economic Assessment. The 1991 Legislature directed FWP to review its habitat program. The department hired two consultants, Econ, Inc. to look at FWP administrative functioning for the program; and Canyon Consulting, Inc., to evaluate public participation in the program. In Sept. 1992, Canyon Consulting suggested, implementing a policy that showed the public benefits from the habitat program. The Commission adopted a policy through the ARM rule process, directing FWP to provide the following public benefits: • Conserve and enhance land, water and wildlife • Contribute to hunting and fishing opportunities • Provide incentives for habitat conservation on private land • Contribute to non-hunting recreation • Protect open space and scenic areas • Promote habitat-friendly agriculture • Maintain the local tax base, through payments in lieu of taxes for real estate, while demonstrating that productive wildlife habitat is compatible with agriculture and other land uses. One of Econ's main recommendations, to develop a comprehensive statewide plan, was acted upon and completed in 1994, the 'Statewide Habitat Plan, an implementation of FWP Commission Habitat Montana Policy'. 5 In 1993, the Wildlife Division Administrator asked for a habitat mapping effort from the Wildlife Managers to discern which habitats were the most at risk. The habitats defined in the Statewide Plan are 1) Montane Forest 2) Intermountain Grassland 3) Riparian 4) Shrub-Grassland 5) Prairie Forest 6) Prairie Grassland. In a display of unanimity, every region identified Intermountain Grassland; Riparian, and Shrub-Grassland as the habitats most in need of attention. The Goal Statement in the Statewide Habitat Plan says: " Beginning in October 1993, for the next two years, the intermountain grassland, shrub- grassland, and riparian ecosystems will be the focus of wildlife habitat acquisitions, with the objective of conserving approximately 10% of each of these ecosystems". In October of 1995 this goal was still considered valid and was to continue until 2006. In the 2005 Legislature the sunset provision was removed, making the program permanent. The habitat goals have remained the same, with a particularly strong emphasis on riparian habitats. In 1998, FWP Commission asked for an internal audit of the conservation easements. This was divided into two sections, a review of the legal aspects of the easements; and a review of the rigor of the baseline inventory reports. Fifteen easements were chosen by the legal audit contractor. Knight, Masar and Harris, Attorneys at Law. The contractor working on baselines did likewise. The audit, delivered in 1999, showed no major problems with the easements and associated baselines. In 2000, the other 15 easements were reviewed, again, no major problems. The major author of the report, Robert Knight, came before the Commission to answer questions. He said the language and form of the easements were up to date, and saw no specific problems. There is constant discussion between the wildlife division, legal unit and lands unit on the formulation of new easements to adapt to changing concerns and continuing experience. Montana sportsmen have long considered the Habitat Montana Program essential to their interests, and without their support this program would not exist today. Conservation organizations have often partnered with the department to protect tracts of important habitat for our mutual benefit. Partners are Rocky Mountain Elk Foundation; The Nature Conservancy; Pheasants Forever; The National Wild Turkey Federation; The Conservation Fund; The Confederated Salish-Kootenai Tribe; United States Forest Service; United States Bureau of Land Management; The Blackfoot Challenge; Montana Wildlife Federation; Butte Skyline Sportsmen's Club and Anaconda Sportsmen. As well as Montana Audubon; Five Valleys Land Trust, Rock Creek Land Trust and a variety of other land trusts. As of December 2008, FWP holds 40 (Habitat Montana) wildlife easements covering over 223,800 acres costing approximately $23 million. Twenty-nine purchases added 6 49,700 acres to fee title ownership costing $26 million, as well as 11,000 plus acres of leases ($27,000 annually). Early efforts focused on expanding existing wildlife management areas such as the Blackfoot-Clearwater (deer and elk winter range), Judith (elk winter range) and Ninepipe (wetlands/waterfowl and pheasant habitat) or acquiring new WMA's such as Robb/ Ledford (elk winter range). Dome Mtn.(elk winter range) and Mt. Silcox (Bighorn Sheep winter range). Gradually, the focus was on important habitat types such as big sagebrush-grassland (Brewer; South Ranch; Fluss; Cowell; Peters); riparian (Hirsch, Bice) and intermountain grassland (Maher; Bolin; Sieben Ranch; and Hirschy Ranch) as examples. Landowners have sold FWP easements for a variety of reasons: to allow their heirs to be able to afford to buy the ranch; for family estate planning; to ensure a place for the public to recreate, especially for hunting; to enlarge the agricultural operations; and to pay off debt. The major easement terms center around both PROTECTION AND MANAGEMENT of the Land. PROTECTION: This means terms such as No Subdivision and building limitations on the land. Normal farming practices continue, but no new fields are developed. No commercial activities other than those appropriate to the agricultural practices. Mining practices must not negatively impact conservation values of the land. MANAGEMENT: This means management maintains vegetation, both upland and riparian. This includes actions such as developing and implementing livestock grazing systems, and access for the recreating public. All agricultural practices continue, but in a way that maintains or enhances the conservation values purchased through the easement. TAXES: In tax year 2008, FWP will paid approximately $3 16,354 in tax payments on its WILDLIFE lands. (For wildlife lands, FWP will pay to the county in which the land resides "a sum equal to the amount of taxes which would be payable on county assessment of the property were it taxable to a private citizen". (87-1-603) OPERATION/MAINTENANCE: Twenty percent of the dollars generated by '526' legislation is used for operation and maintenance of ALL department wildlife lands. The amount available per year is approximately $500,000, the majority of which is used for fence maintenance, road maintenance, and weed control on department fee ownership lands. The major cost on easements is to initially implement the livestock grazing 7 system, which can involve fence construction and replacement, and water improvements including pipelines. Each year the Wildlife Program completes an average of 15 projects at a cost of approximately $400,000. In addition, approximately $30,000 is spent each year to monitor compliance with each wildlife conservation easement held by the department. HB 526 lands total 285,395 acres of which 79% are easements; 4% lease; and 17% are fee title. 10 r CO o o *^ tM M ^ 3 n a" V () < t ■o u c n ™ _i r^ o o o C\J £> (0 F F c 3 — ( (0 SECTION I HB 526 COMPLETED PROJECTS 10 BERNIE HART CONSERVATION EASEMENT INTENT: Conserve the river riparian of the Milk River for wildlife diversity and productivity; provide for hunting opportunities while continuing use of land for agricultural production, i.e. alfalfa production and livestock grazing. CRITICAL HABITAT: RIVER RIPARIAN 402 acre easement - Jan. 2007 - $200,000. The National Wild Turkey Federation was a partner with FWP providing $20,000 toward the cost. 11 BLACKFOOT-CLEARWATER WILDLIFE MANAGEMENT AREA OVANDO MOUNTAIN - UNIT ADDITION INTENT: Acquire property as part of a larger land conservation effort, in partnership with the Blackfoot Challenge. CRITICAL HABITAT: DECIDUOUS VEGETATION AND WETLANDS WITHIN THE MONTANE FOREST JACOB SEN-VALITON ADDITION: 180 Acres - March 2007 $270,000. of Habitat Montana funds The Red L-shape is the Jacobsen-Valiton Addition JACOBSEN - VALITON 12 NINEPIPES WILDLIFE MANAGEMENT AREA DAVIS ADDITION INTENT: Conserve wetland habitats, add the habitats to the Ninepipes WMA, and manage for wildlife diversity; productivity and recreational opportunity. CRITICAL HABITAT: WETLANDS Davis addition (phase II) 23 acres -April 2007 - $115,150 of Habitat Montana funds. C'avis Property Wetland 13 BIRD CREEK CONSERVATION EASEMENT INTENT: Acquire an easement to conserve Missouri River riparian and adjacent upland habitat; improve wildlife diversity and productivity; develop hunting opportunities, and continue livestock grazing. CRITICAL HABITAT: RIVER RIPARIAN, WETLANDS 2,292 acres for $550,000 of Habitat Montana dollars plus the following - This easement is being established, managed and funded in conjunction with two USDA / Natural Resources Conservation Service (NRCS) easements. Those are: The Farm and Ranch Lands Protection Program (FRPP) and the Wetland Reserve Program (WRP). The WRP will acquire a wetland easement on approximately 230 acres of the slough area for approximately $150,000 and the FRPP will contribute $398,000 towards the acquisition of the FWP easement to protect the farm and ranch land, prohibit subdivision, and protect the historic values of the property. PPL Montana, LLC will also donate $50,000 towards the acquisition of the FWP easement. The landowner has donated $102,000 of value. In addition, the Montana Migratory Bird Stamp Program has allocated $50,000 for potential future wetland and riparian renovation/restoration projects on the ranch. Bird Creek Easement is in foreground, south of the Missouri River 14 BULL RIVER WILDLIFE MANAGEMENT AREA INTENT: Conserve wetland habitats; movement corridor for species of concern. CRITICAL HABITAT: WETLANDS AND RIPARIAN 255 acres in fee - December 2007 - $1,657,500 of Habitat Montana funds. Revette Mine purchased an additional 400 adjoining acres, protecting tiie area from subdivision. 15 BRAZIL CREEK (OLSEN) CONSERVATION EASEMENT INTENT: Conserve the riparian habitat along the Milk River for wildlife diversity and productivity; provide for hunting opportunities; while continuing use of land for agricultural production, i.e., alfalfa production and livestock grazing. CRITICAL HABITAT: RIVER RIPARIAN 6 1 2 acre easement - JUNE 2008 - $452,000. Habitat Montana paid $ 1 99,822, Upland Game Bird paid $180,000 and general license dollars paid $72,178 ■ V ■ f r ^^v ' ., 16 YELLOWSTONE WILDLIFE MANAGEMENT AREA INTENT: Conserve the riparian habitat along the Yellowstone River for wildlife diversity and productivity; provide for hunting and other recreational opportunities; develop cropland for wildlife forage; and maintain upland in good pine and grass cover. CRITICAL HABITAT: RIVER RIPARIAN 3,776 acres in fee - June 2008 - $4,936,989 of Habitat Montana funds; $94,71 1 of general license dollars; and $267,700 donation from The Conservation Fund. Access Montana paid $266,000 for an additional 200 acres designated for a state park. ■ IMg 1 ■ '*nt'* ^-JiMpB yr-,, ,.. .^Mi. >-5 ■8 \ . ■m 1 j 1 < 17 STUCKY RIDGE WILDLIFE MANAGEMENT AREA INTENT: To conserve native big game winter range, especially for bighorn sheep and to aid in development of corridors for free movement of large ungulates. CRITICAL HABITAT: INTERMOUNTAIN GRASSLAND 220 acres in fee. June 2008. $792,036. The bighorn sheep auction funds paid for 50% of the purchase ($382,889); Habitat Montana paid for 48% ($371,1 46); partners paid for the balance, American Land Conservancy $22,001 ; Foundation for American Wild Sheep $10,000; Safari Club International $5,000; and Anaconda Wildlife Sports Expo. $1,000. A second phase of this project is being sought by the Natural Resources Damage Program. 18 MARIAS (CHARLIE LINCOLN) WILDLIFE MANAGEMENT AREA INTENT: Conserve the riparian of the Marias River for wildlife diversity and productivity as well as associated upland and provide for hunting opportunities. CRITICAL HABITAT: RIVER RIPARIAN 7.540 acres fee acquisition - October 2008 - $7,600,000. Habitat Montana paid $5.6 million; Access Montana paid $2 million. 19 BROWN VALLEY CONSERVATION EASEMENT ADDITION INTENT: Conserve the stream riparian habitat within the Brown Valley easement for wildlife diversity and productivity; provide for hunting opportunities. CRITICAL HABITAT: CREEK RIPARIAN 205 acre easement - Oct. 2008 - $45,400 of Habitat Montana funds. The landowner donated $154,600 in additional value. No Image Available 20 ELK ISLAND WILDLIFE MANAGEMENT AREA ADDITION INTENT: Conserve the riparian habitat along the Yellowstone River for wildlife diversity and productivity, provide for hunting and fishing opportunities, and provide a fishing access site (Access Mt. funds). CRITICAL HABITAT: RIVER RIPARIAN 163 acres in fee -Nov. 2008 - $332,822. Habitat Montana paid for half ($166,41 1) and Access Montana paid for half. i^m lit Mif' iiiMMHMl .-/; 21 LAND PROJECTS - OTHER FUNDING SOURCES 22 NORTH SWAN VALLEY WILDLIFE MANAGEMENT AREA Intent: To acquire wetlands and riparian habitats within the Montane Forest to protect the landscape from residential subdivision. CRITICAL HABITAT: MONTANE, WETLAND, AND RIPARIAN HABITATS IN A LANDSCAPE PROVIDING HOME FOR SPECIES OF CONCERN SUCH AS GRIZZLY BEAR AND BULLTROUT. 480 acres in fee. January 2007. $2,314,440 of Forest Legacy funds with required nonfederal matching dollars of $771,480 from Trust for Public Lands. 320 acres in fee. July 2007. $1,542,960 of Forest Legacy funds with required nonfederal matching dollars of $514,320 from Trust for Public Lands. 320 acres in fee. December 2007. $1,542,600 of Bonneville Power Administration funds matched with $514,200 from Trust for Public Lands. 320 acres in fee. December 2007. $1,901,600 in Forest Legacy funds with required nonfederal matching dollars of $658,400 from Trust for Public Lands. 320 acres in fee. December 2008. $1,979,000. of Forest Legacy funds with required nonfederal matching dollars of $581,000 from Trust for Public Lands. ^C: : ^ 23 DAHME ADDITION TO KOOTENAI WILDLIFE MANAGEMENT AREA INTENT: Add 17 acres of important sheep habitat to the existing wildlife management area. CRITICAL HABITAT: BIGHORN SHEEP HABITAT 17 acres fee title - 2007- $145,000 of Bighorn Sheep Auction funds. "^^ * ^ V^*?^„ •>■; ^. ^ -I^S)9^^f^ ^ "s '^. 1..5' >