Jonathan Proctor, Northern Rockies Representative

I have some great news from Montana: All 14 bad bison bills in the Montana Legislature were defeated!

Legislators opposed to the recent progress on wild bison restoration in Montana (including the restoration of 61 wild Yellowstone bison to Fort Peck Reservation and the increase in tolerance for roaming bison around Yellowstone) made 14 separate attempts this year to legislate wild bison out of existence in the state. And 14 times they were defeated.

Some of the legislation never made it to committee. Some bills did, but then died in committee. Still others made it through committees and one or both chambers, but not through the appropriations process. Three, however, passed through both houses and were sent to Montana Gov. Steve Bullock. If even one had become law, it would have seriously harmed or even ended our bison restoration work.

But thanks to you and many others who contacted the Governor in support of wild bison, he vetoed all three bills that made it to his desk. He vetoed the first one on April 22, and the final two were vetoed just last week. Please take the time to thank him right now with a quick email, a tweet or a post on his Facebook page.

©Diana LeVasseur

You may recall these bills from my previous blogs. The bills varied in specifics but all were meant to stop wild bison restoration. One would have allowed county commissioners to veto bison restoration anywhere in their counties, even on federal land or tribal land. Another would have allowed landowners to shoot all bison that step on private property as they wander out of Yellowstone National Park. Another would have forced state officials to remove or kill all bison that cross the imaginary Yellowstone boundary. Yet another would have banned bison restoration altogether.

Now, all 14 bills are just bad memories.

Defenders worked tirelessly with our tribal and conservation allies – and with you, our members – to make this happen. My favorite part was working with several tribes to organize and attend a rally they held inside the capitol building rotunda. The event included a drumming circle that reverberated throughout the building and the capitol’s first-ever pipe ceremony. I also thought the full page ad that several tribes placed in many Montana newspapers was very effective. It generated a lot of calls, and a copy was placed on every legislator’s desk just as several of the most damaging bills were coming up for major committee votes.

Although having to spend time fighting bad bills seems like a waste of time and money, it may prove beneficial in the long run for wild bison restoration. Bison supporters – tribes, hunters and conservationists – are working together now on bison conservation more than ever, and many tribes seem more eager to restore wild bison. More Montanans have heard about this issue as a result and are overwhelmingly on the side of wild bison.

Thomas Christian, member of the Fork Peck Assiniboine and Sioux Tribal Council, emceed the rally in Helena.

Thank you to everyone who worked together to defeat these bills, especially representatives of the Assiniboine, Gros Ventre, Sioux, Salish, Kootenai, Nez Perce, Crow and Blackfeet Tribes; the Native American Caucus; tribal organizations like Montana-Wyoming Tribal Leaders Council and InterTribal Buffalo Council; hunting organizations like Gallatin Wildlife Association; lobbyists Ben Lamb and Jake Troyer; and conservation organizations including World Wildlife Fund, Buffalo Field Campaign, and National Wildlife Federation.

And thank you to our Montana members who contacted our state legislators, and all Defenders’ members for the support you’ve provided that makes outcomes like these possible. We can all breathe a sigh of relief (for now) and celebrate, knowing that bison still have a bright future in Montana. The legislature won’t meet again until 2015, and by then we hope even more Montanans will support the return of wild bison.

Earlier this month, the Montana Supreme Court heard arguments from Defenders of Wildlife and others in a case that will have far-reaching impacts on the future of wild bison restoration across Montana.

Bison herds, once a familiar sight all across the Great Plains, are making a triumphant return at Fort Peck Indian Reservation.

You may recall our participation last spring in the transfer of 61 wild bison to the Fort Peck Indian Reservation, as well as the community celebration that followed. This marked the end of a 130-year absence of wild bison from these tribal lands, home to the Assiniboine and Sioux Tribes. It was also the first restoration of genetically pure Yellowstone bison to the Great Plains.

But on the very day the bison arrived at Fort Peck Reservation, bison opponents asked a judge to order the removal of these wild bison. Yes, you read that correctly; bison opponents wanted a forced removal of wild bison from these tribal lands, as was done in the 1880s.

They didn’t get that wish, but they did convince the judge to stop any further wild bison restorations until a full hearing of the issue could be heard in his courtroom. This effectively stopped a planned transfer of half of these genetically pure bison to the Fort Belknap Indian Reservation, 180 miles to the west, where the Assiniboine and Gros Ventre Tribes also planned to start a new wild herd. That move remains on hold.

Meanwhile, Defenders of Wildlife and National Wildlife Federation intervened in support of Montana Fish, Wildlife and Parks (who approved the move), and appealed to the Montana Supreme Court to overturn the lower court’s decision.

The Montana Supreme Court heard this case last Friday in a large theater on the University of Montana campus in Missoula so that the public could watch the proceedings. Hundreds attended. Defenders joined with our tribal allies and a drumming group from the Fort Belknap Reservation in a gathering in front of the theater before the hearing to explain to the many reporters and attendees how vital wild bison are to restoring the human cultures and natural landscapes of the Great Plains. This gathering and the court hearing made headlines in newspapers, on television and on radio across the state.

Our attorney, Tim Preso from the Bozeman office of Earthjustice, did a spectacular job during the hearing, arguing that the court should reverse the lower court’s decision and allow bison restoration to continue. His last words made quite an impression on the crowd:

“The reason this case is important and has substantial public interest and the reason this court’s decision is important is highlighted in something the Fort Peck  Tribes wrote in their amicus brief where they described their own receipt of bison and said:

‘The Tribes were finally successful after a 130 year break in the historic relationship in reuniting the descendants of the Assiniboine and Sioux people who survived the 19th century with the descendants of wild bison that survived the bison holocaust of the same period.’

That’s why this case is important… and that’s why it’s important for this court to clear the way for the Fort Belknap Tribes to be able to enjoy that same reunion.”

We await the Supreme Court’s decision.

Traditional Songs

Members of the Fort Belknap Reservation perform before the Supreme Court hearing.

“I came up here today to support the bison.”

Andrew Werk, Fort Belknap Tribal Council member, speaks to the crowd,

Restoration

Mark Azure, Fort Belknap Wildlife Director, explains his tribes’ goal of restoring wild bison.

Supreme Court Hearing

Montana Fish, Wildlife and Parks attorney Rebecca Jakes Dockter addresses the Montana Supreme Court.

As I wrote last week, there are a number of anti-bison bills sailing through the Montana state legislature this year. These bills pose all kinds of threats to wild bison, including stopping restoration of wild Yellowstone bison to other parts of the state and allowing landowners to kill all bison that set hoof on private land. We have been working hard with Native American tribes, sportsmen’s groups and other conservation organizations to stop these bills.

On Tuesday, we all held a rally inside the Montana capitol building in Helena. Bison supporters from across the state were there to show legislators that the people of Montana want wild bison. Native American tribes from across Montana ran the event, and the crowd was predominantly from Montana’s seven Indian reservations. Dr. Ken Ryan, tribal elder from the Fort Peck Reservation Assiniboine tribe, held what we think is the first-ever pipe ceremony in the capitol building. Senator Sharon Stewart-Peregoy, a member of the Crow tribe, gave a talk that brought the crowd to their feet. A performance from Fort Belknap Reservation’s Wahkpa Nakoda Drum Group reverberated throughout the building. The message was clear: Kill the bills, not the bison.

News of the rally appeared in the Great Falls Tribune with a nice video of the event, the Bozeman Chronicle, Montana Public Radio, and local television stations. With so many Montanans speaking out in support of bison and against these harmful bills, we hope these attacks on Montana’s wild bison will soon come to a close.

We’ll keep you posted on our progress. In the meantime, check out these photos from the rally:

Montana Capitol Building

The rally took place at the Montana state legislature in Helena.

Under Attack

All 10 of the anti-bison bills present serious threats to wild bison, and could put an end to all efforts to restore these iconic animals to the Great Plains.

"We're here to help you understand the significance of the buffalo in our culture."

Thomas Christian, member of the Fork Peck Assiniboine and Sioux Tribal Council, emceed the rally.

Drums in the Capitol

Wahkpa Nakoda Drum Group from Fort Belknap Reservation performed for the crowd, a rare event inside the Montana capitol building.

Looking Up

Even the artwork on the dome of the capitol building reflects the variety of people and cultures that form Montana.

"Let's find a better way."

Ervin Carlson, President, Intertribal Buffalo Council, discussed the unanimous tribal opposition to these anti-bison bills.

Bringing Bison Home

March 19, 2012: About 60 genetically pure bison were relocated from Yellowstone National Park to the Fort Peck Indian Reservation, marking the long-awaited homecoming of wild bison to an important part of their historic range.

Bison at Fort Peck

Thomas Anketell, Council Member, Fort Peck Tribal Executive Board, spoke to the crowd about the importance of the new Yellowstone bison herd at Fort Peck Reservation.

"Don't Destroy Our Culture"

Tracy King, Fort Belknap Tribal Council President, told the legislators about the importance of wild bison to the tribes.

"The buffalo are one with the people of the state of Montana."

Senator Sharon Stewart-Peregoy (D, Crow Agency), a member of the Crow tribe, brought the crowd to its feet with a rousing speech.

Working Together

Jonathan Proctor, Defenders' Rockies and Plains Representative, talks with Defenders' allies Mike Fox, member of the Fort Belknap Tribal Council, and Mark Azure, Director of the Fort Belknap Fish and Wildlife Department, about our collective strategies to kill the bills.

A Future for Bison

Intolerance is the greatest threat to bison today. Together with our allies in the northern Great Plains, we're working to spread acceptance of wild bison and find more places for them to roam, so that we can continue the effort to bring these beautiful animals back to their historic range.

Baby bison at Fort Peck (c) Fort Peck Journal

The Montana legislature meets in Helena, our state’s capital, every other year for just four months. Our elected representatives have a lot of work to do in that time, but for a few anti-wildlife legislators there seems to be plenty of time to beat up on bison. A whopping 10 anti-bison bills have been proposed this year, including one to allow private landowners to shoot any bison that sets hoof on private land and force the state to remove the carcass, another to allow county commissioners to veto bison restoration efforts, and one even calling for all wild bison to be removed or shot on sight.

Defenders is working overtime to stop all of these bills. We’re working closely with a diverse group of bison supporters to testify against these bills and tell the public what is going on in Helena. Standing shoulder-to-shoulder with tribes, sportsmen and other conservation groups, we’re rallying all bison supporters to let the legislature know that Montanans want wild bison and oppose these awful bills.

Working together is the only way we will succeed in Montana’s legislature, and we’ve had some great success so far: At least five bills have already been defeated! But each bill that remains and is still moving is detrimental to our efforts to restore wild, genetically-pure bison to places within their historic Great Plains landscape. We want to see every piece of damaging legislation defeated.

According to a recent poll, 68 percent of Montanans support the return of wild bison to public and tribal lands in the state. But you’d never know it from some of the voting results in the legislature. Apart from the bills that we have already defeated, one anti-bison bill passed the House 61-37, and three bills passed the Senate by wide majorities. But they are not yet law and we still have a short window in which to stop them.

Spokespeople from the Assiniboine, Gros Ventre and Sioux tribes of the Fort Peck and Fort Belknap Reservations in eastern Montana have been working especially hard, showing up to oppose these bills and challenge those who repeatedly claim that “nobody in eastern Montana wants these bison.” These tribes not only want wild bison, but are actively working to restore them to their reservations.

For many years Defenders has worked with Robert Magnan, Director of the Fort Peck Reservation bison program, to restore genetically pure Yellowstone bison to tribal lands. He has repeatedly traveled the eight hours to Helena to testify against many of these bills that would stop any further bison restoration, including to tribal lands. Sadly, he’s had to make the same arguments this year that he made in 2009 and again in 2011 to defeat similar anti-bison bills from state Senator Brenden (R-Scobey). Defenders has been there each time as well.

We’ve also had a long collaborative partnership with Mark Azure, Director of the Fort Belknap Reservation bison program. We hope to help Fort Belknap reintroduce genetically pure Yellowstone bison later this year, but these bills threaten this plan. Mark has traveled to Helena again and again to testify against several of the bills, and recently wrote a guest column that appeared in many Montana papers.

photo credit: Jeffrey Stoner

These Native American tribes are our greatest allies for wild bison. They have stepped forward as the leaders in wild bison restoration, even while many governmental agencies remain largely silent and noncommittal. Sportsmen’s organizations are also turning their attention more and more to restoring wild bison on the Great Plains after a long history of restoring wildlife such as deer, elk and wild sheep. Their involvement is important because they have a lot of clout at the state level.

My testimony against these bills on behalf of Defenders’ 4,500 Montana members and supporters focused on the collaborations on wild bison conservation. In addition to working with tribes to restore wild bison to tribal lands, we have also been working with others to secure more protective policies for dealing with Yellowstone bison when they step outside the park. As a member of the “bison citizens working group” on Yellowstone bison, we met for more than a year with ranchers, landowners, local businesses and other bison advocates to find common ground on the management of Yellowstone bison when they leave  the park. We found many things we could agree upon, and several of them are being implemented now, giving bison additional freedom to roam out of the park without being killed. These are small but important steps. If this diverse group of Montanans can come together on behalf of the state’s wild bison, we expect the legislature to take our results seriously and not ruin our efforts with these anti-bison bills. Together, we are fighting these bills so that the iconic creatures that once roamed the Great Plains by the millions can be seen wild in key places of the American west once again.

Click here to support our efforts to fight anti-bison bills in Montana and other legislation that threatens wildlife.

Navigating the turbulent waters between federal management of imperiled species and state management of most other wildlife can be as dangerous for wildlife as the mythological straits between Scylla and Charybdis. On one side is the slippery rock of the federal government, too often providing scant refuge for any endangered or imperiled species deemed controversial, like listed predators or wild bison. On the other side is the whirlpool of anti-environmental state politics, ready to shred the lifeboat of any animals that are not particularly popular in a given state.

The Montana state capitol building

Wolves have been cast off by the federal government with practically no protections and are now starting to circle downward in the state whirlpool. Genetically pure bison live mostly on the rock of federal land, but every time an effort is made to try to establish thems as wildlife outside of Yellowstone National Park, state courts and legislatures try to beat them back. Grizzlies are about to enter the narrow straits between federal and state management through proposals to lift federal protections, and already they face turbulence from those who would greet them with a lethal response.

Defenders’ Rockies and Plains staff and volunteers have been strategically weighing in with state legislatures and committees where we can be most effective. Our Montana staff have taken turns traveling to Helena, where the state legislature – once an exemplar for conservation – has devolved into a four-month biennial frenzy of anti-wildlife fervor focused mainly on wolves and bison. Wolves have faced bills that would cut their numbers from over 600 to 250, give free wolf licenses to deer and elk hunters, and allow them to be shot on sight on private land. Bison face numerous bills to prevent any wild bison from entering the rest of Montana from the two areas where they are now, including authorizing landowners to shoot them on sight and stopping tribes from restoring bison to their reservations. Grizzlies still have more political clout than their wild compatriots, but even they faced a bill to require lethal control for even the most minor conflicts with people and domestic animals. Counties are also trying to wrest control of all wildlife from the state fish and wildlife agencies, which would be really bad for bears and countless other species.

Defenders’ Montana members have weighed in on many of these bills, and our local staff have testified on many as well. Sometimes it seems like our pro-wildlife pleas fall on deaf ears, but most of the craziest bills are getting beaten back! One bill was even amended – based in part on our input – to direct a couple hundred-thousand dollars to nonlethal tools to prevent predation on livestock.

Defenders certainly isn’t doing this alone. We work closely with other conservation groups as well as with conservation-minded hunting organizations and tribes. While too many hunting organizations have been extremely hostile towards federally protected predators, those that remain true to their conservation roots are among wildlife’s most effective advocates at the state level. Tribes have sovereignty over wildlife and resource issues on their reservations and most state legislatures recognize that their authority does not extend onto wildlife management issues on tribal lands.

We are also active in other states. Past legislative efforts in Oregon to set up solid programs to manage wolves continue to pay dividends. Nonlethal wolf management strategies are firmly established there and have been maintained so far this year with minimal political interference. Unfortunately, the Washington state legislature is increasingly going the way of Wyoming, with lots of venomous anti-wolf bills. The bills seek to undermine the state’s relatively balanced wolf management plan by giving authority to local elected officials over state wildlife biologists and allowing their constituents to override state restrictions and kill wolves perceived to be a threat to livestock on public and private lands.  Fortunately, Defenders has a strong membership presence in Washington state, as do a number of our colleagues, and we have been sending some of our experts to Washington state to help volunteers push back on these bills.

State wildlife management is not federal wildlife management, and once an endangered species loses its federal protection under the Endangered Species Act, in most cases management reverts back to complete state control. States allow hunting and sometimes trapping of game species, and have been particularly harsh in their treatment of predators like wolves and bears. However, if wolves, bison, and bears can make it through the current straits of uncertainty to calmer waters where they are managed more like other wildlife – for the long term, healthy in numbers and distribution, free-roaming – there will be opportunities to secure their populations and continue their recovery. If they don’t make it through these straits, if states never embrace their responsibility to manage former federally protected members of the nation’s wildlife in trust for the public – there is always the possibility the federal government will have to step in again.

“The buffalo signifies prosperity. It’s a symbol that means to us that life is going to be good, our kids are not going to go hungry. For us, buffalo are a very important symbol for who we are as people.”
- Larry Westit, Fort Peck Community College, from The Return, a film on the return of Yellowstone bison to Fort Peck Reservation.

Jonathan Proctor, Rockies and Plains Representative

We’ve been covering the return of wild bison to the Fort Peck Indian Reservation extensively over the past year, and for good reason. Bison — or buffalo, as they’re often called — are a keystone species of the Great Plains, meaning they have an incredible influence on the plants and animals of the region. But they are also incredibly important to the people of the region, especially to those with strong cultural ties to this amazing animal.

©Jonathan Proctor, Defenders of Wildlife

Bison once roamed across North America’s Great Plains by the tens of millions. To the Native Americans that shared this landscape, bison were more than just another animal; they were the main source of food, clothing, shelter and even culture.

Then came the great slaughter. By the late 1800s, almost all the plains bison were gone, with only 23 remaining in the wild in Yellowstone National Park, and a few hundred others in captive herds. This loss affected the region’s Native American tribes in a way that’s difficult to imagine. Their way of life had been stolen. The Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation in northeast Montana were no exception. You could say that they have been waiting for more than 120 years for the return of wild bison.

On March 19, 2012, that long wait finally ended as 61 genetically pure bison from the Yellowstone herd — the only continuously wild herd of bison — were released onto tribal lands at Fort Peck Reservation. They were greeted by tribal members old and young with songs, prayers and great excitement.

I have been involved in many wildlife reintroduction efforts, from prairie dogs, to black-footed ferrets, to swift fox, to bison. Each reintroduction is important because it helps restore some balance back to the land from which we have destroyed so much. But never have I witnessed a wildlife reintroduction that meant so much to the people who share that land. This was more than a wildlife restoration; it was also part of a cultural restoration. I heard this sentiment echoed several times that day, and in the days since.

“These majestic animals have played a very significant part in the history, religion and culture of our native people of the Fort Peck Reservation. These bison have sustained our ancestors for thousands of years and they are in need of us returning the favor. We are here to make sure they will always be here for our children.”
-Floyd Azure, Fort Peck Reservation Tribal Council Chairman, as reported by the Associated Press.

Defenders of Wildlife is honored to have played a part in this story. With enthusiastic support from our members in Montana and around the country, we helped to convince Montana to transfer wild Yellowstone bison to the tribes, helped fund important needs like fencing and transport of the bison, and most recently helped with expenses needed to rebuild after a tragic wildfire burned most of the initial 2,200-acre bison area. The wildfire may have been a setback, but progress continues: we are happy to announce that today, the tribal bison program adds another 5,000 acres to the cultural bison reserve, enough to accommodate significant growth in bison numbers.

Ceremonial drumming as Fort Peck Reservation celebrates the bison’s return.

Defenders will continue to help expand this bison reserve as opportunities arise because we share the goal of the Assiniboine and Sioux Tribes at Fort Peck of restoring bison as wildlife to this important part of the Great Plains. We will also work with others, including other tribes, to restore additional bison herds and overcome the lawsuits from those trying to stop tribes from continuing this restoration.

Despite what some opponents to the project have claimed, restoring wild bison is about moving forward, not going back in time. Bison may never again roam free across the entire Great Plains, but certainly we can find a few places in this immense region where herds of 1,000 or more bison can roam as wildlife once again. Where better to begin than with willing partners such as the Assiniboine and Sioux Tribes of Fort Peck Reservation?