Current through Register Vol. 6, March 22, 2024
(1) Whereas, the Montana
Fish and Game Commission has management authority for the grizzly bear, a resident
wildlife species, and is dedicated to the preservation of grizzly bear populations
within the state of Montana; and Whereas, the secure habitat for the grizzly has
been greatly reduced as a result of the human development and population growth from
1850 through 1950 in the bear's traditional range in all western states; and
Whereas, a significant portion of the remaining grizzly bear habitat and population
is located in Montana and these Montana populations occur in wildlands such as
wilderness, primitive areas, de facto wilderness areas, national forests, national
parks, Indian reservations, and seasonally, on adjacent private lands. Now,
therefore, in order to promote the preservation of the grizzly bear in its native
habitat, the commission establishes the following policy guidelines for the Montana
department of fish, wildlife, and parks action when dealing with grizzly bear.
(a) Habitat. The department shall work to
perpetuate and manage grizzly bear in suitable habitats of this state for the
welfare of the bear and the enjoyment of the people of Montana and the nation. In
performing this work the department should consider the following:
(i) the commission has the responsibility for the
welfare of the grizzly and advocates the protection of the bear's habitat;
(ii) management of Montana's wildlands, including
the grizzly bear habitat, is predominantly, but not exclusively, a responsibility of
various federal agencies and private landowners;
(iii) land use decisions made by these agencies
and individuals affect grizzly bear habitat, thus cooperative programs with these
agencies and individuals are essential to the management of this species;
(iv) preservation of wildlands is critical to the
protection of this species and the commission advocates wildland preservation in
occupied grizzly bear habitat; and
(v)
while some logging may not be detrimental to grizzly habitat, each logging sale in
areas inhabited by grizzly bear should be carefully reviewed and
evaluated.
(b) Research. It is
recognized by the commission that research on the habitat requirements and
population characteristics of the grizzly bear is essential for the welfare of the
species. Departmental research programs and proposals directed at defining those
habitat requirements, are encouraged and supported.
(c) Hunting and recreational use. The commission
recognizes its responsibility to consider and provide for recreational opportunities
as part of a grizzly bear management program. These opportunities shall include:
sport hunting, when deemed appropriate; recreational experiences; aesthetics of
natural ecosystems,; and other uses consistent with the overall welfare of the
species.
(i) The department should consider the
variability of values between individuals, groups, organizations, and agencies when
management programs for various grizzly bear populations are developed.
(ii) Sport hunting is considered the most
desirable method of balancing grizzly bear numbers with their available habitat,
minimizing depredations against private property within or adjacent to grizzly bear
habitat, and minimizing grizzly bear attacks on humans.
(d) Depredations. Contacts between grizzly bear
and humans, or property of humans, require delicate handling and careful
consideration. When these contacts reach the stage for definite action, the
following actions should be carried out:
(i)
Grizzly bear, in the process of threatening or endangering human life, shall be
captured or dispatched immediately.
(ii)
Where no immediate threat to human life exists, individual bear encounters with
humans shall be evaluated on a case-by-case basis and when the attack is abnormal or
apparently unprovoked, the individual bear involved shall be captured or
dispatched.
(iii) When the attack is
normal (e.g., a female defending her cubs, any bear defending its food, or any bear
defending itself) but the situation leads itself to no reasonable possibility of
leaving the bear in place, then the bear should be removed.
(iv) Grizzly bears that do not directly endanger
human life but that are causing non-livestock related property losses shall be
evaluated on an individual case basis.
(v) Where removal is determined to be the best
resolution to the problem, depredating or nuisance bear shall be trapped, and if
determined to be suitable for transplanting, shall be marked and released in
suitable habitat previously approved with appropriate land management agencies.
(vi) Reasonable efforts shall be made
to inform the public of the transplant program, fully explaining the reasons for the
capturing and locations of the release area.
(vii) Upon request by an authorized scientific
investigative agency or public zoological institution, a captured bear may be given
to that agency or institution for appropriate nonrelease research purposes. A
reasonable charge may be required to cover costs of handling.
(e) Depredating grizzly bear that are not suitable
for release or research because of old age, acquired behavior, disease, or
crippling, shall be killed and sent to the department's research facilities for
investigation. The public shall be fully informed when these actions are taken and
the reasons for these actions shall be fully explained.
(f) Coordination. The department shall consult
with appropriate federal agencies and comply with applicable federal rules and
regulations in implementation of this policy.