FWP Deals With Fort Peck Tribes, Not Public

A month or so ago Montana Fish, Wildlife and Parks (FWP) gathered up over 100 Yellowstone Park bison that had spent the last 5 years in quarantine on Ted Turner’s Green Ranch (for a percent of the calf crop) and hauled them to the sovereign nation of Fort Peck Indian Reservation. Apparently with only one mortality this time! While no one has a problem with the Reservation receiving Yellowstone Park bison, some may question why FWP was involved.

Some answers to this question were provided by Ken McDonald, Chief of the Game Division for FWP, in his response to questions asked by State Representative Kerry White. According to McDonald, FWP and the Fort Peck Tribes signed an agreement before the bison were transferred. Apparently, FWP did not consider the giving away of state (supposed) wildlife to a sovereign nation to be a concern of Montana citizens. I do not believe the agreement was ever made public. Nor do I recall any hearings or meetings in which the public could have input on this agreement. Again the question could be asked, why is FWP going to all this trouble to get bison to the Fort Peck Indian Reservation? Unfortunately, it was a blatant, shameful action by a state agency to circumvent a state law (Senate Bill 212) that prevented them from moving bison to federal or private land. That a state agency would stoop to such transparent chicanery is despicable. Hopefully, the next legislative session will not forget this ‘in-your-face’ action.

So who owns the bison? Well, according to McDonald, as long as they stay on the reservation they mostly belong to the Tribes. However, the ‘agreement’ provides, “....that a number of bison would be made available to MFWP for future conservation purposes.”

In response to the question, “Who assumes liability for property damage when they escape from the reservation?” McDonald responded, “....the Tribes will be solely responsible for any damages to persons or property caused by the QFS bison should they escape. The Tribes currently has (sic) and will maintain liability insurance....” to pay damages “during the term of this Agreement.” However, these damage payments may only apply to reservation property owners since McDonald continues, “....the Tribes will have 72 hours to return any bison that escape the exterior reservation boundary back to within the reservation. If they remain outside the exterior Reservation boundaries for more than 72 hours, MFWP will respond as necessary, managing QFS bison as wildlife under their jurisdiction ...”

Maybe I’m pessimistic, but I don’t see how the Tribes’ insurance policy is going to do the residents outside the reservation boundary much good!

Now we begin to see the extent of the damage the decision Judge McKeon handed down concerning the term ‘wild’ as it applied to these bison has caused. In my opinion, the Judge wrongly ruled these animals born, raised, handled, and kept in captivity their whole lives, met the definition of ‘wild’. I wonder how he would define a ‘domestic’ bison? (We have been told that the way to tell wild from domestic bison is that these wild bison have ear tags!)

Ron Stoneberg lives in southwest Valley County.