From: http://fwp.mt.gov/news/show.aspx?id=4089

Wednesday, December 28, 2005
Headlines

FWP Is Seeking Public Comment On A New Big Game License Lottery

Montana Fish, Wildlife & Parks is seeking public comment on proposed rules to guide a new hunting license lottery that would enable hunters to buy chances to draw a license for one species—deer, elk, moose, mountain sheep or mountain goat license.

The lottery for the five "super tags" was authorized by the 2005 Montana Legislature after the Private Lands Public Wildlife Council recommended it as a way to help fund the state’s hunting access enhancement program and wildlife law enforcement.

Under the proposed rules, hunters would be able to purchase an unlimited number of $5 chances to draw any one of the new tags. A hunter successful in the lottery would receive a license good statewide for that species during the regular hunting season.

Hunters interested in the lottery would need to hold a conservation license to purchase lottery chances. All chances on the deer, elk, moose, mountain sheep and mountain goat licenses will be sold electronically through the automated licensing system at FWP license provider’s, FWP regional offices, or over the Internet.

Details on the new rules will be available on the FWP web site at fwp.mt.gov under Public Notices. The public is invited to comment during a meeting Jan. 11 at 7 p.m. at the FWP headquarters building at 1420 East Sixth Ave.

Comments may also be made through Jan. 19 in writing to: Hank Worsech, Fish, Wildlife & Parks, P.O. Box 200701, Helena, MT, 59620-0701; or by telephone to: 406-444-2663; fax: 406-444-3707; or by email to: hworsech@mt.gov.
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You can the details on this "Rule Proposal - Super-Tag Hunting Licenses" at: http://fwp.mt.gov/publicnotices/notice_992.aspx

On that page you can provide feedback on the proposal as well as download the three page document that details it.

Repeated here for those that might only read the Mountain Goat related postings.

These are the minutes of the December 2005 Commission meeting which are related to this subject...

9. Proposed ARM for Annual Lottery of Hunting Licenses – Tentative. Sue Daly, FWP Chief of Finance, explained that HB235, passed during the 2005 legislative session, directed FWP to issue, through a lottery process, one license each year for deer, elk, moose, sheep and goat. HB235 also directs that rules be established regarding the conduct of the lottery, the price of the lottery tickets, and the use of the licenses. Hagener said the intent of this legislation was to develop another source of funding for the Block Management program.

Hank Worsech, FWP License Bureau Chief, explained that this proposal is for a lottery with
unlimited chances at $5 each, to be sold strictly through the ALS system. Applicants must possess a conservation license to be eligible. License agents will receive a $.50 commission for each chance sold per species. (Example: if someone purchases 5 Moose, 5 Sheep, and 1 Elk ticket, the license agent receives $1.50 commission). There will be a convenience fee charged for those purchasing with credit cards through the Internet. The lottery will be held two to three weeks following the drawing of the particular desired species. The winning lottery license will be good in any hunting district in accordance with that district’s specific regulations. If the same person draws both the Supertag and a tag in the same species, that person must surrender the license before receiving the Supertag. The tag is non-transferable.

Brenden said the $.50 commission should be paid on a per ticket sold basis, rather than per species sold. Vendors might sell more tickets if they receive $.50 per chance as opposed to per purchase. Mulligan asked if the statute stipulates the price, to which Worsech replied it did not.

Montana Fish, Wildlife & Parks Commission Meeting
December 8, 2005
Page 4 of 26

Doherty asked if there is a projected number of licenses that would be sold. Hagener said since this is a new process, the Department doesn’t know what to expect; there is no projection. The total fiscal note came to $746,000. Doherty asked if there was an estimated cost to the Department. Worsech said that in looking at the systems used by Idaho and Washington, the estimated cost to conduct the drawing manually, as Idaho does, would cost approximately $23,000. Conducting the drawing electronically as Washington does should cost less.

Action: Brenden moved and Workman seconded the motion that the license agents selling the lottery tickets receive $.50 per ticket rather than $.50 per transaction.

Workman asked if there is a plan for advertisement of this lottery. Worsech said the plan is not
finalized, however there will be press releases, notices on the FWP website, and informative contacts with wildlife organizations. Ron Aasheim, FWP Communications and Education Division Administrator, said there will be a formal outreach plan, and the Department will market the lottery aggressively.

Colton asked what determined the $.50 commission, and asked if there was any other way to purchase
a chance other than through the Internet or a license agent. Worsech said there is no other way to
purchase a lottery chance, and after discussing various options, the Department settled on the $.50 commission to the license agents.

Colton asked Bob Lane, FWP Attorney, if the Department has the authority to decide what a
“transaction” is. Lane said FWP has the latitude to decide what a transaction is, and has the authority to charge $.50 cents per transaction. He said a transaction could be set as any number of chances or as a group of chances. Colton was concerned that once the Department pays the license agents $.50 per transaction, that decision cannot be reversed. He would like to see it done as proposed for a year, and then reevaluate it. Doherty does not want to see a reduction in revenue to the Department. Hagener said the Commission can also set the prices of the license if they wish. He added that this is an exclusive tag and there has been a great deal of interest expressed.

Action on Motion: Motion tied. Brenden and Workman in favor – Colton and Doherty opposed.
Mulligan abstained from voting as he felt it would be a conflict of interest for him to vote since he is a license agent in Whitehall.

Action: Workman moved and Brenden seconded the motion to approve the proposed tentative Supertag Rule as recommended by the Department and to begin the rulemaking process beginning with public comment.

Mulligan suggested talking to the Montana Lottery for ideas and advice. He suggested offering some
type of an incentive to the clerks who sell the most chances.

Workman asked if there are any other avenues through which chances could be sold, such as county
fairs or banquets? Worsech said something like that could be offered if an ALS device was available, but sales must be automated.

Montana Fish, Wildlife & Parks Commission Meeting
December 8, 2005
Page 5 of 26

One member of the audience supported paying $.50 per ticket, and another suggested the money go
toward biologists for their work, however he was reminded the money is designated for block
management only.

Action on Motion: Motion carried.

From: http://fwp.mt.gov/hunting/supertag.html

Super Tag Information

A law passed by Montana's 2005 Legislature allows the sale of SuperTag lottery chances for a license to hunt moose, sheep, goat, deer and elk in any hunting district in the state. All dollars generated will go to enhance hunting access and boost FWP enforcement efforts.

The Fish, Wildlife & Parks Commission will adopt final rules for the sale of SuperTag chances on February 21, 2006. Sales are expected to begin March 15, 2006.

Following are the proposed details the Commission will consider February 21.

- Winning licenses would be good for any district in the state in accordance with current hunting regulations.
- A Conservation License would be a prerequisite for the purchase of SuperTag chances.
- Chances would be sold electronically at all FWP License Providers or over the Internet.
- An unlimited number of chances would be sold to individuals at $5 per chance.
- The deadline for entering a chance to win a moose, sheep and goat SuperTag would be July 7, with the drawing held by July 14.
- The deadline for entering a chance to win a deer and elk SuperTag would be August 11, with the drawing held by August 18.
- If an individual wins a SuperTag and also draws a license or permit through FWP's special permit and license drawings, the hunter would be required to surrender that license or permit before receiving the SuperTag. FWP would refund the license fee associated with the special permit or license and reinstate any bonus points.
- Montana's 7-year wait for individuals who draw a moose, sheep or goat license through Montana's special permit and license drawings would not be imposed on SuperTag winners.

Please revisit this site after March 15 for final details.

As posted under Rocky Mountain Bighorn, this also applies to the Rocky Mountain Goat Super Tag so is posted here as well.

From: http://fwp.mt.gov/publicnotices/notice_1040.aspx

Final Adoption of Super-Tag Rule

BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION OF THE STATE OF MONTANA

In the matter of the adoption of new rule I (ARM 12.3.185) pertaining to an annual lottery of hunting licenses

NOTICE OF ADOPTION

TO: All Concerned Persons

1. On December 22, 2005, the Commission (commission) published MAR Notice No. 12-318 regarding the proposed adoption of the above-stated rule at page 2503 of the 2005 Montana Administrative Register, Issue No. 24.

2. The commission has adopted new rule I (ARM 12.3.185) exactly as proposed.

3. The following comments were received and appear with the commission's responses:

Comment 1: A number of comments were offered in general, unqualified support of the super-tag rule.

Response: The commission appreciates the support of the individuals offering these comments.

Comment 2: One individual suggested that the commission group all permitted species into one super-tag, charge $50 to $100 for chances and allow use of the tag from archery season into rifle season.

Response: HB 235 (2005), codified at 87-1-271, MCA, sets out that the commission may issue through lottery one deer tag, one elk tag, one Shiras moose tag, one mountain sheep tag and one mountain goat tag. The law does not provide for one tag that includes all five of the species. In addition, the commission believes that more people would be able to participate in the lottery if the tickets are priced at $5 and if there are five different tags to win. Hopefully, more participation will maximize profits that will be dedicated to hunting access programs and law enforcement. The super-tag is valid during any open general season for a species, including archery season. However, not all species have an archery season, so a tag could not be used during archery season for a species that does not have one. For example, a super-tag could not be used during archery season for moose, sheep, and goat since they don't have one.

Comment 3: A number of people had questions and comments about residency and the super-tag. One person asked if nonresidents could purchase chances for a super-tag if they have a conservation license. Another comment stated that if a nonresident wins a super-tag that license should be subtracted from the quota of nonresident licenses. Others thought nonresidents should be charged more to purchase a chance. Some believed that nonresidents and clients of outfitters should not be allowed to purchase chances for a super-tag.

Response: Under the new rule (ARM 12.3.185), nonresidents who purchase a conservation license may purchase chances for a super-tag. By statute, the super-tag license is a completely separate entity from the licenses and quotas of the existing special license drawing. The Private Lands/Public Wildlife Council (PLPWC) which created the concept of a super-tag in Montana recommended that chances for super-tags be available to both residents and nonresidents for a $5 fee. The council thought the fees and availability would maximize super-tag revenue for enforcement and hunting access programs. The commission agreed with the council's reasoning and decided to accept its recommendations.

Comment 4: Several comments were offered in support of the new super-tag rule with the suggestion to limit the number of chances an individual can purchase in order to provide equity of opportunity.

Response: HB 235 was presented to the 2005 Legislature as a recommendation from the PLPWC to create additional funding for hunting access enhancement programs and law enforcement. Super-tags are limited to issuance of five licenses total with one license each for moose, sheep, goat, elk and deer. The funding potential of super-tags is maximized by allowing purchase of unlimited chances. For those concerned about equity of opportunity, almost all chances for special licenses are still available through drawings which are equitable.

Comment 5: A number of comments were in general, unqualified opposition to a lottery for hunting licenses.

Response: HB 235 was presented as a recommendation from the PLPWC to create additional funding for hunting access enhancement programs and law enforcement. The Montana legislature passed HB 235, which allows the commission to issue through a lottery one license each year for deer, elk, Shiras moose, mountain sheep, and mountain goat. All proceeds from the annual lottery of these hunting licenses are dedicated to hunting access enhancement and law enforcement. The commission has decided to implement the lottery in order to increase funding for law enforcement and hunting access enhancement programs and is adopting rules to that effect.

Comment 6: A few people were against the lottery because it is a form of gambling. Some stated they would rather pay higher license fees if more money is needed.

Response: Views differ on the appropriateness of a lottery for distribution of the five special licenses. The 2005 legislature authorized the commission to issue the five hunting licenses via lottery, and the commission has decided to implement the lottery in order to increase funding for hunting access programs and enforcement. Fee increases for hunting licenses must be approved by the legislature. Any change to the law permitting a lottery of hunting licenses would also require legislation.

It is the department's and commission's experience that people generally do not favor license fee increases.

Comment 7: Some individuals opposed the lottery because they believe it is commercializing and/or privatizing wildlife which is a public resource. Some thought that it was ironic that the department emphasizes ethics in hunting while the commission is considering offering licenses via lottery, a practice they believe reflects questionable ethics. Some thought the new rule detracts from Montana's hunting heritage.

Response: Views differ on the appropriateness of a lottery for distribution of the five special licenses. The commission believes that the lottery of only five hunting licenses in order to raise additional funds for hunting access programs and enforcement does not commercialize or privatize a public resource or detract from Montana's hunting heritage. The commission thinks that the additional funds could help open up more hunting opportunities for the public. The lottery of these five licenses does not affect a resident's opportunities to purchase deer and elk permits, and equitable opportunities for drawing special licenses are still administered in the same way as in years past.

Comment 8: A number of individuals had recommendations for the use of the funds generated by the super-tag. Some believed that these funds should not go to private landowners, through department programs, who do not allow public hunting. A few thought the proceeds should go to habitat restoration or hunting access. Others thought Block Management should not be appropriated any super-tag proceeds because the program has been allowed enough funds. Another stated he might support the super-tag if its proceeds were applied to reopening roads and trails that have been closed by private parties and outfitters. One person stated that the funds should be put to good use and another stated that the funds should go to enhance wildlife.

Response: The commission will take these recommendations under advisement. Under 87-1-271, MCA, proceeds from the lottery must be used for hunting access programs and law enforcement.

Comment 9: A few people stated that super-tags should not affect general quotas and overall hunting opportunities.

Response: The super-tag is a separate entity from other hunting licenses and does not affect general quotas and overall hunting opportunities. When the 2005 Legislature passed HB 325, the department was consulted and it evaluated biologic data available. The department determined that issuance of one extra license for each species would not jeopardize any of the species, so the super-tags will not affect existing quotas and hunting opportunities.

Comment 10: A large number of those in opposition to the license lottery adamantly expressed that the super-tag makes hunting inequitable in Montana and creates a "rich man's" sport since those with more money can afford to buy more tickets and increase their chances of receiving a license. Some supporting the lottery believed the number of chances for licenses should be limited so the rich would not have greater opportunities for licenses than the "average Joe."

Response: HB 235 was presented as a recommendation from the PLPWC to create additional funding for hunting access enhancement programs and law enforcement. The Montana legislature passed HB 235, which allows the commission to issue through a lottery one license each year for deer, elk, Shiras moose, mountain sheep, and mountain goat. All proceeds from the annual lottery of these hunting licenses are dedicated to hunting access enhancement and law enforcement. Allowing unlimited chances maximizes the funding potential for these programs.

For those concerned about equitable opportunity for permits, the commission does not believe that the lottery of only five hunting licenses makes hunting in Montana a "rich man's" sport. Almost all special licenses are still being issued through the department's license drawing, and it is being administered in the same manner as in years past. In addition, residents may still purchase elk and deer permits in the same manner as in years past.

Comment 11: Some individuals voiced opposition because they thought the current special license drawing system was being replaced with a lottery for all special licenses.

Response: The super-tag lottery is in addition to the current drawings for big game species and provides additional opportunities to hunters. The special license drawing is not being replaced by the super-tag lottery.

Comment 12: Four comments were in support of the super-tag rule with a suggestion to increase the commission for license agents to $.50 per chance.

Response: Currently, commissions are paid to department license agents on a per transaction basis. A transaction in this case means the purchase of one or more super-tag chances of the same species at one time. For example, if a person purchases five lottery tickets for the opportunity to get a Shiras moose license, it is considered one transaction. Additionally, if that person also purchases ten lottery tickets for the opportunity to get an elk license, it is considered another transaction. Agents will receive a $.50 commission for each super-tag transaction for a species, which is consistent with all other license commissions the department pays.

Comment 13: One comment was in support of the super-tag rule with a suggestion to increase the fee for nonresident chances to $10 per chance and add bison to the list of species.

Response: The PLPWC recommended that the prices per chance be the same for both residents and nonresidents. The commission decided to accept this recommendation in order to keep the administration of the lottery tickets easy, reduce errors, and maximize funding. Bison was not one of the species listed by the Montana legislature in HB 235 when it passed. Therefore, the law does not authorize the commission to issue bison licenses through the super-tag lottery.

Comment 14: One comment requested an additional super-tag for antelope.

Response: Antelope was not one of the species listed by the Montana legislature in HB 235 when it was passed. Therefore the law does not authorize the commission to issue antelope licenses through the super-tag lottery.

Comment 15: One comment was in support of the super-tag rule with an increased price for the moose, sheep, and goat chances.

Response: The commission decided to keep all lottery chances the same price to reduce confusion and errors and make the program easier to administer.

Comment 16: One comment was in support of the super-tag rule and suggested the license be transferable to a nonresident family member for use in any legal hunting district.

Response: There is no statute that allows for the transfer of a super-tag license to another individual. The commission does not believe it has the statutory authority to allow super-tag license transfers, except in limited circumstances provided for in the statutes. Specifically, a license that is purchased or drawn by an individual cannot be transferred to another individual.

Comment 17: One comment was in support of the super-tag rule and suggested an increase to $10 per chance.

Response: In order to create greater participation in the super-tag lottery, the commission determined that $5 per chance would be more affordable and increase the amount of contributions.

Comment 18: A few people had questions about hunting with a super-tag. One person asked if a super-tag would be for a male, female or either sex of a species. Another asked if hunting district-specific rules must be followed when using a super-tag or if the tag could be used anywhere, regardless of the district rules. For example, if a district was spike only, this person wondered if a hunter with a super-tag could hunt for a bull.

Response: The new rule (ARM 12.3.185(5)) provides that, “A super-tag may be used in any legally described hunting district open for hunting of that species. A super-tag may be used only during the legal hunting season for the species for which it is issued. The person using the super-tag may use it only during a hunting district’s open season and is subject to all hunting regulations, including special weapons regulations, that apply to a hunting district.” The sex the super-tag holder hunts for will be determined by the district's regulations also. If a hunting district’s general and permit seasons allow only antlerless to be hunted, the super-tag holder may only hunt antlerless etc. If a hunting district’s regulations allow only antlerless to be hunted and that district also has a special permit to hunt bulls, the super-tag holder may opt to hunt for either sex without obtaining the special permit.

Comment 19: One person suggested that the seven-year wait be applied to someone who received a super-tag license. One commentor thought that the super-tag license should be a once in a lifetime license. Another person wondered if a person who drew a license which required a seven year waiting period before the person could enter the drawing again had to wait seven years to purchase super-tag chances.

Response: Section 87-1-271(2), MCA, specifically states that “The restriction in 87-2-702(4) that a person who receives a moose, mountain goat, or mountain sheep special license is not eligible to receive another license for that species for the next seven years does not apply to a person who receives a license through a lottery conducted pursuant to this section.” Therefore, the commission does not have the authority to limit the number of years a person must wait in order to get another super-tag license. Additionally, the legislature set out that the waiting requirements for individuals fortunate enough to draw a moose, sheep or goat permit do not affect that individual's ability to draw a super-tag.

/s/ Steve Doherty
Steve Doherty
Chairman, Fish, Wildlife and
Parks Commission /s/ Rebecca Dockter
Rebecca Dockter
Rule Reviewer

Certified to the Secretary of State February 27, 2006