Issues

Billings Area Sportsman Challenges Outfitter Set-aside Licenses with Ballot Initiative, I-161

In 1995, Montana approved a unique law establishing the non-resident variable priced outfitter-sponsored big game and deer combination license system, many hunters refer to it as the guaranteed tag for outfitters program. The system reserves 5,500 big game (deer and elk) licenses for non-resident big game hunters as long as they hunt with a licensed outfitter. The remaining 11,500 non-resident big game combination licenses available are put into a drawing, giving those who apply a 60% chance for success.  A percentage of the set-aside license revenues are then used to support and compliment other resident hunter funding support of the Hunter Access Enhancement Program and Block Management.  

 Block management is the Montana Fish, Wildlife and Parks program in which landowners who grant access to their land for various public hunting opportunities can voluntarily enroll their land with FWP in exchange for compensations.  The program has helped expand hunter access to private lands and simplifying private land hunter management through FWP assistance.

 While the outfitter license set-aside program offers non-resident hunters an additional option in obtaining a big game license outside of the standard application and luck of the draw, many everyday hunters have been crying foul for years. Increasingly, public access to private lands has become more difficult due, in part, to exclusive outfitter leases that preclude the public. Outfitters seek out those lands that offer prime hunting opportunities, good habitat, great populations of game, and/or border public lands for the benefit of their paying clients. Many everyday hunters believe the set-aside system has evolved into an unfair system providing outfitters a client base that in-turn funds exclusive leasing of lands previously available to public hunters.

 A Billings, MT sportsman, Kurt Kephart has launched an effort through the Montana ballot initiative process identified as Initiative I-161 to change the law in statute.  In order for the initiative to appear before the electorate of Montana more than 24,330 signatures must first be collected and verified.

 According to Kephart non-residents have two choices, they can hire an outfitter, paying the outfitter fee of $1,500 or more and acquire a guaranteed hunting license for elk and deer combination license or they can pay $628, have their name put into a random drawing and get about a 60 percent chance of drawing a tag.  With the non-resident deer combination license, outfitter clients are again guaranteed a license at a higher price.  In this regard, non-resident sportsmen who choose to hunt without the services of an outfitter can only expect a 20% chance of drawing a tag.

 The current system is unfair, it shouldn’t be a pay-to-play system believes Kephart, saying guaranteeing hunting licenses for ONLY outfitted non-resident clients is not fair to the general public.

 The I-161 measure would change Montana law by abolishing both the B-10 and B-11 outfitter big-game set-aside licenses and it shifts or adds the B-10 5,500 set-aside licenses to the general draw quota thereby increasing it from 11,500 to 17,000 licenses. In addition, the non-resident big game combination B-10 license fee would increase from $628 to $897 and the non-resident deer combination B-11 license fee would increase from $328 to $527. The initiative allocates a share (25%) of the proceeds from these non-resident hunting license fees to provide hunting access and other portions will be used for habitat preservation and restoration. 

 The most recent fiscal note for I-161 recognizes that it would increase state revenues over the next four years by an estimated $10.8 million, more than $2.1 million in 2011, more than $2.5 million in 2012, more than $2.8 million in 2013, and more than $3.2 million in 2014.  Revenue increases during the first four years would go toward the General License Account ($1.6 million), Habitat Montana ($6.2 million), and Hunting Access programs ($3.0 million).

 Here is how the language would appear on the ballot if enough signatures are gathered:–

 We, the undersigned Montana voters, propose that the secretary of state place the following initiative on the November 2, 2010, general election ballot:

• FOR abolishing outfitter-sponsored hunting licenses, replacing outfitter-sponsored big game licenses with nonresident licenses, increasing nonresident license fees, and increasing funding for hunting access and habitat.
• AGAINST abolishing outfitter-sponsored hunting licenses, replacing outfitter-sponsored big game licenses with nonresident licenses, increasing nonresident license fees, and increasing funding for hunting access and habitat.

 Voters are urged to read the complete text of the initiative available at: http://sos.mt.gov/elections/archives/2010s/2010/initiatives/I-161.asp