Director’s Message - Winter 

A Too Short and Great Ride 

I resigned as Executive Director of the Big Hole River Foundation as of January 1st of this year.  I was offered full-time employment in an exciting position with the National Center for Appropriate Technology.  My tenure at the Big Hole River Foundation was one of the best and most educational positions I have held.  That is quite a statement from someone whose work history includes several years in the wilds of Central America and Shanghai, China. 

In less than two years I learned volumes about fisheries, irrigation, ranching, riparian restoration, land use planning and conservation biology. I met and worked with some amazingly dedicated and passionate people.  I am really proud of the First Annual Arctic Grayling Symposium we held last August and the Conservation Partnership Initiative project. 

I offer a few parting comments: 

·           Restoration of the fluvial Arctic grayling is possible while maintaining a recreational economy and a vibrant ranching industry in the Big Hole River watershed. This is not a question of technical possibility but one of community will. When we restore fluvial Arctic grayling it is my prediction that we will be on the path to not only continuing the protection of a unique animal, but one that builds a truly sustainable economy, community and cultural heritage. 

·           Water is an absolutely precious resource, it is not a free good and its use is not a purely personal property right. We have to come to terms with the fact that it is a resource that is held in common and all stakeholders must learn to use it more wisely. 

·           Speak truth to power. If we allow the suppression of our ability to politely disagree with each other, make our cases openly and strive to arrive at tentative compromises, we lose democracy and that loss is as precious as any species.   

I will remain on the Board of Directors.  I thank everyone for their support and kindness. 

Jeff Schahczenski 

P.S.  John and Wayne, sorry for losing the feathers. 

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    Welcome to our Winter Newsletter 

In our Fall newsletter I wrote of change, always evolving …  

Executive Director Jeff Schahczenski has resigned to accept a full time position with the National Center for Appropriate Technology (NCAT).  Thank you Jeff for your exceptional work spearheading the First Annual Arctic Grayling Symposium this past summer and for writing the Conservation Partnership Initiative (CPI) grant.  Jeff will now be joining the BHRF Board of Directors.

In our Spring issue of Free Flows you will be hearing more from and about Michael Bias who has been hired as our new Executive Director. 

Paolo Bacigalupi, Online Editor for High Country News, recently wrote:

So I got home from work yesterday and someone had driven a bulldozer through half of my house. They took out the living room and kitchen, but left one of the bedrooms and the bathroom. Last night my wife, 2-year-old son and I ended up cooking over a bunsen burner and hanging blankets over the bulldozer holes to keep out the snow. Just kidding. Sort of.   When we look at habitat issues for wildlife, this is essentially the question we’re asking: how much of an animal’s house can we bulldoze before it’s impossible to survive? 

Many questions surround the designation and protection of species. There are many solutions.  Waiting is not one of them.  Doing nothing is not one of them. 

Thank you, Sheila

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2006 Science Fair Awards

The Big Hole River Foundation awarded the 2006 Montana Southwest Regional Science Fair prizes to two students with the best Aquatic Habitat related projects.  

The Division II winner was Courtney Glines, eighth grader from Ennis, for her project “What’s in the Water?”   

The Division I winner was Emily Munday, senior at Butte High School, for her project “Mollusks in decline: an ecological study of a rare freshwater mussel (Margaritifera falcate)." 

Both students received $25 from the Foundation and a one year subscription to Free Flows. 

An excerpt from Emily’s abstract: 

Clam Creek of the North Fork of the Big Hole River basin has had local accounts regarding a unique mussel population.  I investigated these claims, and found them to be true and intriguing.  After feeling the water and noticing a warm temperature, I followed the stream to the source and discovered a warm spring.  I also noticed a white coloration to the soil.  The mussels appeared scarce, so I decided to conduct a study that would further understanding of the area. 

What can be done to protect this, and other populations of rare freshwater mussels?  Nearly 75% of all mussels are considered extinct, endangered, or of special concern, making unionids the most imperriled group of animals in North America (Lydeard and Roe). 

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MAKING A DIFFERENCE Gerald Manley 

Gerald Dee “Jerry” Manley died February 7, 2006, at his home in Butte following a lengthy illness. He was born January 22, 1942 to Sil and Billie (O’Neil) Manley and attended local schools. 

He was very interested in the outdoors and all the sports that go with that.  He was a member of Ducks Unlimited, Trout Unlimited, the Skyline Sportsmen Club, and served as president for the Montana Coalition for Stream Access, which raised funds supporting a court challenge of landowners that blocked or obstructed rivers in an effort to prevent public access. He was also known for his excellent woodworking. 

-Excerpt from pg 121, Montana's Last Best River: The Big Hole and its People written by Pat Munday 

In the 1975 legislative session, freshmen state representative Al Luebeck carried Montana's first stream access bill.  Though Luebeck and his River Rat supporters were hammered down, it was a public issue that would not go away.  Luebeck's effort, the River Rat, and newspaper coverage galvanized a new army of Butte conservation activists.  Jerry Manley and Tom Bugni led the charge by forming the Montana Coalition for Stream Access as a means to raise funds supporting a court challenge of landowners that blocked or obstructed rivers in an effort to prevent public access.   Harvey Eckert created special edition prints to generate revenue, and the Coalition sold these and special pins at outlets such as Fran Johnson's.  Butte rats such as Tony Schoonen soldiered for Manley and Bugni, and things got easier as Butte's Skyline Sportsmen Club, the Gallatin Chapter of Trout Unlimited, the Montana Wildlife Federation, and other groups joined the cause.  The Coalition also received support from a host of Fish & Game employees, including Ron Marcoux, Don Bianchi, and Jerry Wells.   

The Coalition used the $140,000 it raised to hire Jim Goetz, a well-known water attorney from Bozeman.  He believed in the case and, working for half-price, pushed it upward to the Montana Supreme Court in 1984.  It was a landmark decision.  The court ruled that: 

...All waters of Montana susceptible of recreation are open to the public between the high water marks....Streambed ownership by a private party is irrelevant....  The constitution and the public trust doctrine do not permit a private party to interfere with the public's right to recreational use of the state's waters. 

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What Does That Mean? Definition of a Conservation Easement

A conservation easement is ... 

...a legal agreement a property owner makes to restrict the type and amount of development that may take place on his or her property. The easement spells out the rights the landowner retains and the restrictions on use of the property. Each of these rights and restrictions is negotiated between the landowner and the conservation organization holding the easement.

...tailored to the resources of the particular property and to the desires of the landowner.

...executed and the conservation easement held by a nonprofit organization or public agency. Examples include local land trusts such as Montana Land Reliance or larger national organizations such as The Nature Conservancy. Conservation easements can also be held by public agencies such as the U.S. Fish and Wildlife Service.

A conservation easement is not...

...necessarily a prohibition on the use of the land. The allowable uses are based on the resources on the site and the desires of the landowner.

...necessarily a requirement to allow public access to the property. Public access can be included if the landowner wishes it and the resources allow it. However, public access is required for deductibility of conservation easements for public recreation or education.

The concept of perpetuity

In order to be eligible for federal tax deductibility, conservation easements must be dedicated in perpetuity. This means that the easement remains in force forever and “runs with the land.” Therefore, all subsequent landowners are bound by the easement. The concept of perpetuity does not mean, however, that the easement cannot be modified. 

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Species Spotlight - Odocoileus Hemionus
www.mule-deer.com 

Mule Deer are named for their large, 9 inches long, mule-like ears that keep deer alert for signs of danger. Their vision and hearing are acute, but Mule Deer rely largely upon the sense of smell. They can easily overlook stationary objects. They have an obvious white rump patch, and a small, rope-like white tail with a black tip. The Mule Deer’s fine-textured coat is reddish-brown in the summer and grayish with dark brown coloration on the chest in the winter.  

Fawns have white spots on the back and sides that gradually disappear within 3-4 months. During the first year the male fawn develops hair-covered bumps at the head that enlarge in spring with a velvety covering of skin. In autumn, the antlers harden to a bone-like consistency. The velvet dries. And the buck removes it by rubbing his antlers on trees. An adult buck has 4 points on each antler. In late winter the antlers are shed. This process of antler growth continues throughout the buck’s life. Antlers develop fully in about 150 days. Bucks don’t use the antlers as protection from predators, but only to establish dominance over other bucks.  

Mule Deer inhabit open uplands. They prefer rough, steep canyons vegetated with brushy pockets, plum thickets and other shrubby areas. In the USA the subspecies of Mule Deer, the Black-tailed Deer inhabit rugged, desert regions and mountainous wooded regions. So Mule Deer can be found practically in any type of habitat. 

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2005 Foundation Finances

The Big Hole River Foundation raises funds to accomplish its work through grants, membership dues, donations, book sales, and return on investments.  A small portion of our net assets are held by the Montana Community Foundation in an endowment.  The proceeds from the endowment are used to offset the administrative expenses of the Foundation. 

Each year, we file an IRS Form 990 to fully disclose our revenues, expenses and net assets.  The information for this return is prepared by the Foundation staff and reviewed by Anderson Zurmuehlen & Co., P.C. in Butte, Montana. 

If you wish to review the latest copy of our IRS Form 990, please contact the Foundation at (866)533-2473.

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DRIVING FOR WILDLIFE -by Diane Tipton, Montana Fish, Wildlife & Parks Statewide Information Officer

If you have dodged or collided with a wild animal on Montana’s roads or highways, you’re not alone. This time of year is especially dangerous because so many people are driving to and from work in the dark. 

In 2004, motorists reported about 1,800 crashes involving wildlife, and the Montana Department of Transportation says another 5,000-6,000 wildlife collisions go unreported each year. Collisions with wild animals result in over 100 injuries and two to three fatalities a year. 

Most wildlife collisions occur at dawn and dusk. Deer are most often involved, though collisions with moose, elk, bighorn sheep, bears, coyotes and wolves also occur. In 2005 alone, four wolves were killed on the state’s roads. 

What can a driver do to be safe, while also sparing the state’s wildlife? According to the Wildlife-Vehicle Accident Prevention Program of British Columbia, driving with wildlife in mind requires engaging your peripheral vision and continuously scanning for wildlife on the road, in the ditch, and on the shoulder of the road. Another thing to look for is the flickering headlights of oncoming cars and flickering taillights of vehicles ahead that could indicate an animal is crossing. 

Whenever it is safe and doesn’t interfere with the vision of other drivers, high beams can help reveal an animal at a distance. However, be sure to immediately dim your lights so the animal isn’t blinded and can safely move away.

Some other wildlife-oriented driving tips:

¨           Be watchful for wildlife from dusk to dawn when animals are especially active. Avoid driving on cruise control during these hours.

¨           Use extra caution in posted deer crossings. These areas are known to be traditional corridors wildlife use to reach food, water and shelter.

¨           Be aware that deer and elk, as herd animals, rarely travel alone. When one deer crosses the road, others are likely to follow.

¨           Be aware of trailing offspring. Often drivers miss the doe and hit its fawn.

¨           Be especially watchful along rural roads where brush and willows may line the roadside and provide cover for wild animals.

¨           When you do see wildlife near or on the roadway, reduce your speed and stay in your lane. Do not swerve to avoid hitting the animal. Stop only when it is safe to do so. 

Speed is one of the most common factors in a wildlife-vehicle collision the WVAPP advises. Speed reduces the time a driver has to react and extends the distance required to stop. Serious crashes may also result when drivers swerve to avoid wildlife and crash into another vehicle, lose control of their own vehicle, or fail to notice if there are cars behind them. 

If you do hit a deer, elk or other big game animal, remember that it is against the law to possess or transport the animal, or any portion of the animal, including the antlers. 

For help, and to report the collision, call the city police, county sheriff’s office, or the Montana Highway Patrol at 800-525-5555. If the animal is seriously injured but still alive, ask that a law enforcement officer or game warden be sent to dispatch the animal and safely remove it from the road. Do not attempt to tend to an injured wild animal as they can be very dangerous and unpredictable. 

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Big Hole Watershed Committee Report - by Steve Parker 

The Big Hole Watershed Committee (BHWC)  regular monthly meetings took place on January 18 and February 15, 2006.  The January meeting included a presentation by Kim Goodwin, Weed Prevention Coordinator in the Land Resources and Environmental Science Department at Montana State University entitled “Presentation and Demonstration of Knapweed-sniffing Dog.”  The video footage showed trials with three different dogs trained to sniff out and identify knapweed plants in fields that have not been infested previously.  These canines were very successful and quicker than human volunteers at finding and identifying isolated knapweed plants.  This may be a useful system for preventing the spread of knapweed into new areas.   

Jim Moore, Director of the Regional Sheep Institute at Montana State University, gave a second presentation at this meeting.  His slide show and presentation was called “Sheep-grazing as a Tool for Weed Management.”  He showed how sheep grazing could be used as an effective tool for the control of weed-infested lands.   

On another matter, the group discussed submitting comments regarding the Candidate Conservation Agreement with Assurances (CCAA).  The letter from the BHWC that was sent to USFWS and MFWP included the following remarks: 

“The BHWC supports Alternative B of the Environmental Assessment. We believe the conservation measures identified in the CCAA document are generally well conceived. The specific measures identified (improved riparian habitat and function, improved streamflow, elimination of entrainment threats, and removal of barriers to migration) will benefit grayling. At the same time, the umbrella agreements will provide landowners guarantees they require in order to run sustainable agricultural operations. Good judgment has been shown in designing a plan that recognizes the need to work cooperatively with individual landowners to address each of these conservation issues in a site-specific way. It appears the agreements negotiated with landowners will have measurable and achievable goals. 

However, while there is strong support for Alternative B and implementation of the CCAA program, there are concerns that the language regarding flow targets is unclear. Specifically, page 33 lays out the flow guidelines for the CCAA program.  This section states the following:  

“…streamflows in the Project Area will meet or exceed target values at least 75 percent of the days between April-October in years with average snowpack (based on Snow Water Equivalent estimates in the upper basin)….  The agencies expect the target values in Management Segment C (i.e., USGS gauge at Wisdom, Montana) to be met less frequently”   

We hope this concern will be addressed. 

The draft CCAA does not adequately address ranching economics and the ability to implement the desired goals. Many of the projects that will be proposed will come at a high cost, which may not be affordable by the landowner. The BHWC is dedicated to helping with this effort by contributing financially toward on-the-ground projects. It is critical that the agencies involved in this process allocate enough funding to help landowners implement the agreements and assure their success.”  

The February 15th meeting of the BHWC included the annual business meeting.  The board re-elected the current officers and set terms for these officers in accordance with the bylaws.  The meeting included a presentation by Mike Roberts and Damon Pellicori of the Montana DNRC, summarizing the current snowpack as well as river flow projections. The snowpack levels at this time are well above levels at the same time last year and this will hopefully translate to improved spring and early summer flows in the Big Hole River.   

The significant diurnal hydrological cycles that have been recorded at the Wisdom and Mudd Creek USGS flow gages was also discussed.  The cause of these flow cycles  (as much as 100% at Dickie Bridge) are not well understood but may be related to daily cycles of the aquatic plants.  The DNRC, USGS and researchers from Montana Tech are all looking at these hydrological processes.   

There was a discussion of the Drought Management Plan (DMP).  The Big Hole River Foundation submitted a request to the BHWC to consider amending the flow targets in the DMP to be consistent with those listed in the CCAA.   

The flows as given in the CCAA are based on the best available scientific data and analysis in order to provide habitat conditions that are more likely to insure the recovery of the fluvial Arctic grayling.   

Since the DMP, as currently written, is designed to improve grayling habitat under drought conditions the BHRF felt that it was important to adjust the flow targets in the DMP to be consistent with the CCAA.  This motion was supported by the spokespersons for the sportsman’s groups and The Nature Conservancy.  No resolution was reached after discussing this issue and it was tabled until the next BHWC meeting. 

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Big Hole Watershed Weed Program Update - by Cheyenne Garrison, BHWC Weed Coordinator 

The Big Hole Watershed Weed Committee (BHWWC), in an effort to address the noxious weed threat along the Big Hole Watershed, set forth two priorities for the Weed Coordinator:   

1.         Education and Outreach, designed to inform landowners and river users regarding noxious weeds as well as be a reference source.  

2.         Hold a successful fall fundraising event to support a basin-wide cost share program. 

Progress made in the area of Education and Outreach has definitely made an impact in the BHWC Communities. The goal set forth by the committee was to double the number of landowner participants from 175 to 350, as well as doubling the number of acres from 6,000 to 12,000.  To date, the BHWC Weed Coordinator and The Nature Conservancy Intern spent the majority of the summer months making personal one-on-one contacts with landowners.  Each landowner was asked to sign a cooperative agreement as documentation they understand the problem and conclude to take an active role in weed control.   As of September 1st we have obtained 113 signed agreements, which encompasses approximately 121,794 acres.   

Along with landowner agreements we also implemented and participated in many community educational events.  Either the intern or weed coordinator was present at all of the county weed spray days with the weed pull day being our highest priority.  Community educational events planned and implemented included a basic weed ID seminar in Wise River in early July, a Weed Wash in Wisdom, a Restricted License study group, as well as two more seminars to be held this winter.  The intern also implemented a "Fact of the Weed" in both the Butte and Dillon newspapers and acquired materials for a resource library.  Time was also spent with the local Boy Scouts, Outward Bound, Pintlar Meadows Homeowners Association, and Pennington Bridge Ditch Users.  In general, the weed coordinator will work to accomplish the remaining Outreach and Educational goals throughout the winter months.

The First Annual Fundraiser to support a basin-wide cost share program and continue our education and outreach program was a huge success.  The “Weed Whackers Ball” was the highest priority for the weed coordinator for most of two months prior to the event held September 17th in Wise River.  The event included an educational program, dinner, live and silent auctions, and entertainment.  The generosity and support of the local communities was incredible.  Nearly 250 people attended, with the end result of generating just over $22,000.   

The BHWC and the weed coordinator designed Goals and a Work Plan extending to a five-year period.  The group made a commitment to research all funding sources to continue and expand the program as well as using the current funds to the benefit the Big Hole Watershed.  In summation, the Big Hole Watershed Weed project is making substantial progress.