Blog

As you may now know, I recently moved to Helena so that we can have an even greater presence at the Capitol.  Largely, I have been at the Capitol daily representing FOAM since the beginning of the Legislative Session.  Following is a recap of our work so far.

LC 2406

We continue our work to oppose Representative Tom France’s (D, Missoula) proposed bill to institute a Rest & Rotation scheme that would prohibit outfitting for two days each week on stretches of most Montana rivers.  LC 2406 – An Act Revising Laws Related to Commercial Fishing, Guiding, and Outfitting; Establishing Commercial Fishing, Guiding, and Outfitting-Free Days on Stretches of Rivers; and Providing Rulemaking Authority – is currently in the Legislative Council draft form and has not yet received a House Bill number. 

While LC 2406 is in draft, LC format, we anticipate this bill coming through the House Fish, Wildlife and Parks Committee.  We will keep you informed as the proposed bill progresses through the House.

The Fishing Outfitters Association of Montana (FOAM) is vehemently opposed to the implementation of establishing Rest & Rotation schemes across most rivers in Montana.  FOAM and the outfitting and guiding community has fought hard to curtail such management schemes on the Madison during the Negotiated Rulemaking Committee in 2019 and again during the Madison Work Group during 2021 and 2022. 

Rest & Rotation does not provide the desired outcome of alleviating social crowding, but it does undeniably condense members of the general public who choose to use the services of a guide or outfitter onto a vastly reduced section of the river.  River recreation management needs to recognize the different physical characteristics, documented angler use, and any river’s proximity to rapidly growing population centers.  Rest & Rotation cannot be successful as this type of management actually increases crowding by concentrating use onto shorter sections of river.  Implementing Rest & Rotation, prior to gathering all recreational use data is premature management.  Further, it benefits only one user group and punishes members of the public who choose to use the services of guides and outfitters.

LC 2406 is indicative of a desire to responsibly manage recreational use across rivers in Montana for the benefit of all.  However, it falls far short, we think, in that it does not benefit all, but manages river recreation at the expense or persecution of some – outfitters.  We envision a viable and adaptable Statewide River Recreation Management Plan that gathers, monitors, and evaluates current and historic river recreational use and implements management alternatives that accommodates all river users, while considering resource and economic impacts.  As defined by FWP in past years, this plan will responsibly mange river recreation while: 1) maintaining a viable an ensures long-term health and sustainability of the fisheries; 2) diversifying angling opportunity and reducing conflicts; and, 3) sustaining the ecological and economic benefits of the river to Montanans and our guests.

Representative Tom France’s contact information is:

Phone:  406-396-5085

Tom.France@legmt.gov

LC 2405

Although bill draft language for LC 2405 (available here) is not currently posted to the legislative website, in December we received a copy of this bill draft that Representative Tom France (D, Missoula) has proposed.  LC 2405 seeks to:

1. cap the issuance of guide and outfitter licenses at the number currently issued – essentially establishing a moratorium on guide and outfitter licenses in Montana; and,
2. direct the Board of Outfitters to cap the number of service days at the maximum number service days provided on each river and cap each outfitter currently holding a license to the maximum number of service days that outfitter has provided on each river.

You may recall, that during the 2021 Legislative Session, SB 275 was passed into law.  Four years ago, SB 275:

• functionally and efficiently reduced the size and composition of the Board of Outfitters to 5 members, consistent with other State licensing Boards and to more-proportionately represent the outfitter license endorsements in practice across the state;
• revised transferability language to provide for the sensible transfer of Outfitter businesses without undue statutory restrictions based on river-use days; and,
• removed the requirement for outfitters to submit our use records to the Board of Outfitters.

FOAM vehemently opposes LC 2405 as:

• The Board of Outfitters currently does not have the authority or capacity to limit the number of outfitter or guide licenses or manage the number of service days provided on each river and cap each outfitter currently holding a license to the maximum number of service days that outfitter has provided on each river.
• This proposed bill would not only provide a barrier to entry of new guides or outfitters into the outfitting industry, but would eliminate all opportunity for entry into the outfitting industry.

While LC 2405 is in draft, LC format, and not available publicly yet, we anticipate this bill coming through the House Fish, Wildlife and Parks Committee.  We will keep you informed as the proposed bill progresses.

Representative Tom France’s contact information is:

Phone:  406-396-5085

Tom.France@legmt.gov

LC 2565

Representative Josh Seckinger (D, Bozeman), a guide on the Yellowstone, Madison, and Smith rivers, has been working diligently on a proposed bill, LC 2565, that would authorize FWP to begin counting all watercraft (commercial, non-commercial, and personal) on major rivers and river sections across the state to assess current recreation use.  We have been working closely with Representative Seckinger as well as Montana Trout Unlimited and FWP to draft a bill that would finally get us the use numbers we need to responsibly manage recreation use on rivers in Montana.  

The final touches are being put on LC 2565, we anticipate this draft to be introduced over the next two weeks.  We will keep you all in the loop on the progress of this bill.  We anticipate this bill being a great first step in the management of recreation on Montana’s rivers and a viable necessary alternative to the bills being proposed by Representative France.

SB 183

AN ACT REQUIRING AN OUTFITTER ENDORSEMENT FOR GUIDE LICENSURE

Last year we noticed, and brought to the attention of the Board of Outfitters, guides obtaining licenses having no endorsing outfitter.  Historically, a guide’s application for license was endorsed by a licensed outfitter, endorsing that guide applicant as meeting all qualifications.  Further, following the guide’s successful application, their license was sent to the endorsing outfitter and given to the guide once signed.  Somewhere in the history of revisions of ARM rules pertaining to Guide Qualifications (ARM 24.171.601) and Guide Licensing (ARM 24.171.602), the endorsing outfitter requirement on a guide’s application became an “Or” requirement, not and “And” requirement.  Therefore, the endorsing outfitter requirement became an option on the application, not a requirement.  We recommended that the Montana Board of Outfitters immediately revise ARM Rules and Statutes to reflect the historic requirement of an endorsing outfitter on a guide’s application for license.

SB 183, brought by Senator Greg Hertz (R, Polson), Representative Josh Seckinger (D, Bozeman), and Representative Eric Albus (R, Glasgow) simply requires a guide’s license and application be endorsed and recommended by an outfitter with a valid license.

We testified at the Senate Business and Labor Committee hearing on 24 January 202.  SB 183 passed the Senate and is at the House.  The next hearing for this bill will be at the House Business and Labor Committee on 19 February at 08:00.

HB 2

HB 2 is the General Appropriations Act.  This bill funds Montana State Agencies for the next two years.  We testified in support of the Fish, Wildlife and Parks budget 5 February 2025 at the Joint Committee of Natural Resources and Transportation.

HB 242

AN ACT REVISING FINES FOR ILLEGALLY TRANSPORTING AQUATIC INVASIVE SPECIES; REMOVING THE OPTION TO ISSUE A WARNING WITHOUT PENALTY

We testified in January in support of this bill at the House Committee of Fish, Wildlife and Parks. 

HB 74

AN ACT REVISING PRIVATE FISH POND LAWS AND COMMERCIAL TAKE OF FISH; REVISING LICENSING STANDARDS AND THE RENEWAL PROCESS FOR PRIVATE AND COMMERCIAL FISH PONDS; REPEALING PADDLEFISH CAVIAR SALES; PROVIDING FOR 8 RECORDKEEPING; PROVIDING RULEMAKING AUTHORITY; INCREASING APPLICATION AND RENEWAL FEES; PROVIDING FOR PENALTIES

This bill passed the House in January and was referred to the Senate Committee on Agriculture, Livestock and Irrigation.  We testified in support of this bill on 11 February 2025 at the Senate Committee on Agriculture, Livestock and Irrigation. 

Advisory Committee to the Montana Legislative Sportsmen’s Caucus

We remain a member of the Advisory Committee to the Montana Legislative Sportsmen’s Caucus.  Originally founded in 2018, the Caucus now includes 45 Montana Legislators.  The Caucus members work in a coordinated effort to protect and promote sportsmen’s traditions in Montana.  When signing on to join the Montana Legislative Sportsmen’s Caucus, members must agree to protect the right to hunt, fish, recreational shoot, and trap for present and future generations of Montanans.