On September 9, Montana Governor Steve Bullock signed an executive order creating the Montana Sage Grouse Oversight Team (MSGOT) and the Montana Sage Grouse Habitat Conservation Program (MSGHCP), reports the Wildlife Management Institute. The executive order implements a conservation strategy developed over the previous two years by the governor's Sage Grouse Habitat Conservation Advisory Council. The strategy and executive order provide guidance on land use, infrastructure siting, energy development, fire management hunting and predator control in sage grouse core areas and general habitat. The primary goal of the strategy and MSGHCP is to maintain and enhance sage grouse habitat and populations across Montana. In combination with similar conservation plans adopted or in development by other western states, the MSGHCP is also intended to preclude the need to list sage grouse as a threatened or endangered species. The U.S. Fish and Wildlife Service will make a final decision on whether or not to list sage grouse under the Endangered Species Act by September 30, 2015.

The MSGOT is attached to the Governor's Office and consists of the Directors of the Montana Departments of Fish, Wildlife and Parks, Environmental Quality, Natural Resources and Conservation, and Transportation along with the Executive Director of the Montana Board of Oil and Gas Conservation, a representative of the Rangeland Resources Executive Committee and a member of the Governor's Office. These senior executives will oversee administration of the MSGHCP, including supervision of the program manager, staying abreast of emerging science and developing appropriate guidance, reviewing and troubleshooting the consultation process, providing input to funding requests for research and land management projects, and recommending further program improvements to the governor. Funding for the MSGHCP is expected to come from a Sage Grouse Stewardship and Conservation Fund that will be included in the Governor's FY 2016-17 Executive Budget presented to the legislature in January, 2015.

One key component of the strategy and Executive Order is the stipulation that with few exceptions, on state-owned lands and for activities on all other lands that require a permit from the state, new surface occupancy will be prohibited within 0.6 miles of sage grouse leks. The executive order also places seasonal and timing restrictions on activities that could disturb breeding behavior within 2 miles of active leks from March 15 to July 15. The strategy and Executive Order also call for restricting new land uses or activities throughout sage grouse core areas wherever possible. When new land uses cannot be avoided, minimization, mitigation or reclamation will be required.

Although land uses on private property are not governed by the executive order, the MSGOT is charged with developing voluntary, incentive-based methods to maintain or improve range conditions on grazing lands and preclude conversion of sagebrush habitat to cropland. The executive order also directs the MSGOT to coordinate with federal land management agencies to the extent possible to implement the strategy on federal lands and within federally managed energy or agriculture programs. Given the significance of invasive species such as cheat grass and fire on sage grouse habitat, the executive order calls for increased coordination of efforts to prevent the spread of invasive species and manage fire.

The executive order retains the traditional roles of the Fish, Wildlife and Parks Department and Fish and Wildlife Commission in managing sage grouse hunting. Although managed hunting seasons have minor impact on sage grouse numbers, the strategy and Executive Order reference earlier-adopted guidelines for modification of seasons, bag limits or areas open to hunting, based on results of lek counts and other factors. The Fish and Wildlife Commission recently closed portions of the state to hunting, shortened the season and reduced the bag limit on sage grouse this fall in response to information gathered last spring.

The strategy recognizes that in some localized areas and under certain conditions that are often of anthropogenic origin, predators can suppress sage grouse numbers. The executive order directs the MSGOT to recognize possible impacts of predators and, if necessary, research the need for and efficacy of reducing avian or small mammal predators.

Initial response to the executive order has been positive from both industry and environmental interests. Executive Director of the Montana Petroleum Association, Dave Galt, said that the strategy adopts restrictions similar to those in Wyoming's sage grouse plan that the industry has been able to work with. Montana Audubon Program Director, Janet Ellis, praised the strategy for its focus on private land conservation and avoiding habitat fragmentation.

The executive order represents the final step in a multi-year process involving a broad array of stakeholders. Upon signing the order, Governor Bullock said, "At the end of the day nobody got everything they wanted, but we know that by coming together and working together we're going to be in a lot better position than, if ultimately, we can't manage this and it's managed by Washington D.C."

Download the full text of the executive order. (cs)