| Missoula,
MT- The Montana Department of Livestock is
withholding information from the pubic in violation
of Montana's Constitutional Right-to-Know and the State's
"Sunshine" laws.
Montana
citizens, the Buffalo Field Campaign, The Ecology Center,
Inc. and Cold Mountain, Cold Rivers say that their recent
and repeated requests for records of Montana Department
of Livestock activities have been denied. The groups
are seeking information on the agency's management activities
affecting Yellowstone's native buffalo herd.
The
Montana Department of Livestock hazes, captures, slaughters
and shoots wild buffalo that roam outside Yellowstone
National Park. The agency spearheads a $45 million dollar,
15-year plan to eradicate brucellosis in and around
Yellowstone. That Plan centers around buffalo management
while other wildlife that test positive to the disease,
like elk, are allowed to roam free.
The
wild Yellowstone buffalo are the only herd left in the
United States that have continuously occupied their
traditional native range. Since 1984, 3,182 free roaming
Yellowstone buffalo have been shot or shipped to slaughter.
In
a lawsuit filed this spring, the groups detail numerous
violations of federal laws by the Montana Department
of Livestock, the U.S. Forest Service, the U.S. Fish
& Wildlife Service, and the U.S. National Park Service.
The groups claim that the government's Yellowstone Bison
Management Plan illegally harms bald eagles, trumpeter
swans and their habitat. The Complaint is online: .
"Unfortunately, the Montana Department of Livestock
is wasting taxpayer dollars defending their denial of
our rights," says Jim Coefield of The Ecology Center
Inc. "But we are taking action to protect Montanan's
Constitutional Right-to-Know as embodied by our State
Constitution. The opinion of a rogue state agency does
not trump the rights granted to us by the State Constitution.
Obviously they have something to hide."
The
Montana Department of Livestock is withholding agency
records because they claim the state's right-to-know
law has been "modified" by the federal civil lawsuit
brought by the groups.
"There
is no provision in either state law or Montana's Constitution
that gives the Montana Department of Livestock the discretion
to modify the public's right to know," states Darrell
Geist of Cold Mountain, Cold Rivers.
At this week's public Board meeting, citizens were denied
the ability to ask questions of Board of Livestock members
and Department of Livestock employees.
"The
Montana Department of Livestock is getting bad advice
from their attorneys," states Dan Brister of Buffalo
Field Campaign. "If the agency's activities cannot stand
public scrutiny -- then they need to step out of the
hole they are digging themselves into."
-----------------
The Montana Constitution states that:
"ARTICLE
II, Section 9. Right to know. No Person shall be deprived
of the right to examine documents or to observe the
deliberations of all public bodies or agencies of state
government and its subdivisions, except in cases in
which the demand of individual privacy clearly exceeds
the merits of public disclosure."
Montana
Code Annotated states that: "MCA 2-6-102. Citizens entitled
to inspect and copy public writings. (1) Every citizen
has a right to inspect and take a copy of any public
writing of this state .... (3) Information that is constitutionally
protected from disclosure is information in which there
is an individual privacy interest that clearly exceeds
the merits of public disclosure, including legitimate
trade secrets .... and matters related to individual
or public safety."
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