LEGISLATIVE REPORT

DAL —TJ SMITH

I was born 1-16-54 in Livingston, MT, and began bowhunting gophers (took a few trophies too!) with a Bear recurve while going to grade school in Ringling, MT. I graduated from high school in White Sulphur Springs and graduated from Rocky Mountain College with a degree in MathEconomics. I moved out of state for 14 years while working for Morrison Knudsen Corporation and moved back to Montana in 1992. My wife, Leigh, and I owned and operated a professional archery shop in Billings for ten years. Upon selling that business (six years ago) we retired. My life reduced to a paragraph! I have hunted exclusively with a bow for many years and have harvested numerous big game animals. To me, the trophy is in the hunt and on the table and as a result, have never been big on taking pictures of myself with my harvests. I had one bull shoulder-mounted and within six months my wife and I donated it to the FWP to auction with the proceeds going to help pay medical expenses for a couple of their wardens. Present-day I hunt with a Bowtech compound bow set at 60# using Easton Axis arrows. With this modern combination, I have more momentum than I had when I was young and shooting 80#. Times have changed.

LegislativeReport

Why MBA opposes crossbow use by those with disabilities during the Montana Archery-Only season.

1The Montana Code Annotated 87-1-301. Powers of commission specifically states (at the time I write this) “The commission may adopt rules regarding the use and type of archery equipment that may be employed for hunting and fishing purposes, considering applicable standards as technical innovations in archery equipment change. The Commission has adopted rules regarding the use and type of archery equipment that may be employed for hunting and fishing purposes as can be noted in Montana’s hunting and fishing regulations.

2Permit To Modify Archery Equipment. MBA has long been aware of the interests of hunters with disabilities who wish to participate in bowhunting. It was with that understanding that MBA partnered with FWP to develop the Permit To Modify Archery Equipment (PTMAE). PTMAE was developed to accommodate hunters with disabilities and was based on the recommendations of the Crossbow Archery Committee, a constituent’s group which included representatives from Access Montana Outdoors. The FWP Commission formally adopted the PTMAE in February 2002.

Montana’s Permit To Modify Archery Equipment (PTMAE) has withstood multiple legal challenges over the past decade, proving that it satisfies the requirements of the Americans with Disabilities Act (ADA).

Since its inception in 2002-2003 there are 629 holders of a PTMAE with 341 of those permit holders using them during the 2020 season, a strong indication that this permit is successful in allowing bowhunters with disabilities to participate in the Archery-Only Season.

3Could lead to general crossbow allowance. MBA is very concerned that allowing crossbows into the archery season for individuals with disabilities will eventually lead to allowing crossbows for everyone during archery season because of increased pressure from the crossbow industry as demonstrated in other states.

Other states have demonstrated dramatic increases in harvests after the introduction of crossbows within archery seasons. These harvest increases appear to be affecting both archery and rifle seasons.

4Crossbows are not archery equipment. They are highly efficient and capable of 100+ yard accuracy in the hands of anyone with some rifle experience. Crossbows are rapidly evolving. Just in the last two years advances have led to crossbows now capable of firing two bolts without reloading and with axis widths of between 3 and 4 inches. Sounds more like a rifle and not a bow.

5Fair Chase. The Commission has established rules that provide for fair chase using legally defined archery equipment (see 1. above) during a period of the year when game may be more vulnerable, the elk rut or bugling season.

The Commission has reviewed a request for allowing crossbows into the archery season for hunters with disabilities. They found that allowing crossbow use when there a permit to modify archery equipment, PTMAE, that already provides that opportunity those with disabilities could have an adverse effect on elk populations and subsequently the Archery-Only seasons.

6In Montana’s archery season. Montana’s Archery-Only season occurs during the elk rut. Bull elk are at their most vulnerable time during the rut. With archery equipment a hunter must not only get close to the quarry, usually within 40 yards or closer, but they also must draw back and accurately shoot, all of which requires substantial practice.

7The Commission has Considered Crossbow Use. The Commission has reviewed a request for allowing crossbows into the archery season for hunters with disabilities. They found that allowing crossbow use when there a permit to modify archery equipment, PTMAE, that already provides that opportunity those with disabilities could have an adverse effect on elk populations and subsequently the Archery-Only seasons.

8Legislative Approach. When the approach is to use legislation to mandate the use of a crossbow for any reason into law it sets a dangerous precedent. Legislation that includes the minutia technical requirements for what would be considered a legal crossbow circumvents the commission.

When technical advances to crossbow technology occur that could result in even greater success percentages during the elk rut, changes in the regulations for legal equipment would have to be legislated. Legislation, that only occurs every 2 years, is not an effective tool for managing or responding to the day-to-day operations and regulation of a resource. That is why the Legislature offered that authority to the Commission.

If we wish to continue to enjoy our long Archery-Only season(s) we must not to allow crossbow use during Archery-Only seasons for anyone. We have and will continue to work with archery hunters with disabilities to ensure they can use and hunt with legally modified archery equipment so that they too can enjoy the experience.