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FWP should help landowners with problematic wildlife

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The last few decades in Montana have seen a remarkable recovery in wildlife populations. For example, Montana’s elk population was down to almost 20,000 animals in 1940. By 1970, it had increased somewhat to 55,000. But after that, we’ve seen rapid growth to nearly 160,000 animals today.

That’s simply an astounding recovery. And other species, like deer and antelope, are at or near all-time highs as well.

The restoration of Montana wildlife is due to a number of factors, but the predominant reason is the efforts of Montana landowners. A great deal of the credit goes to private property owners for changing management practices and improving habitat.  

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Helena IR: Justices hears arguments in stream access case

Photo credit: Dave Bezaire & Susi Havens-Bezaire

The Montana Supreme Court heard arguments Monday in a case that may affect whether anglers and recreationists can access easements across private property and certain rivers below the high-water mark.

The Public Lands Access Association filed the lawsuit in 2004 after Madison County landowner James Cox Kennedy erected electric fences that blocked an easement across his land and leads to the Ruby River.

No trespassing signs also were attached to three Madison County bridges.

Montanans have the right to use the state’s streams below the high-water mark and the right to use Montana’s public roads to access those streams, Public Lands Access Association attorney Devlan Geddes argued.

Kennedy’s attorney, Peter Coffman, disputed that, saying that not only was the public not allowed to use the easement across Kennedy’s land to get to the river, but that portion of the river itself belongs to Kennedy because it is classified as a non-navigable stream.

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Billings Gazette: State Supreme Court to hear appeal of stream access ruling

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The Montana Supreme Court will hear a case next month that could have far-ranging effects on Montana’s stream access laws.

In April 2012, District Judge Loren Tucker ruled that public use of Seyler Lane didn’t guarantee the public access to the Ruby River from a bridge on that road. The bridge is near Twin Bridges, about 50 miles southeast of Butte.

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Landowners fed up with FWP tactics

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Landowners in central and Eastern Montana received a letter from Fish, Wildlife and Parks last week that essentially threatened them with extortion.

Since 2008, FWP has restricted hunting opportunity in these specific areas, with a goal of coercing more access to private land for hunting. FWP mistakenly assumed that a landowner would bargain away private property rights for the price of an elk permit. Instead, the limit has been directly responsible for millions of dollars in lost tourism revenue to the surrounding communities, as well as less access to private land for public hunting.

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Bozeman Daily Chronicle: Citizen working groups to join elk management

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Regional working groups will soon play a part in elk management, but Montana Fish, Wildlife & Parks commissioners voted to retain a larger chunk of the responsibility. At Thursday’s meeting in Helena, the five-member FWP commission gave final approval to a working group’s proposal to modify elk distribution to limit the spread of disease, particularly brucellosis.

The plan, given initial approval on Nov. 8, would apply primarily in the regions surrounding Yellowstone National Park, where brucellosis is most prevalent.

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Glasgow Courier: County Joins Bison Lawsuit

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The Valley County commissioners voted 2-1 Tuesday to join other plaintiffs in a lawsuit aimed at halting  Fish, Wildlife & Parks’ transfer of quarantined Yellowstone Park bison to the Fort Peck and Fort Belknap reservations.

The lawsuit alleges that FWP violated Montana law by enacting a bison translocation plan without a having a management plan and without adequate analysis of the impacts upon the human environment. SB 212, passed by the legislature in 2011, establishes multiple requirements for FWP in the management of bison that the lawsuit alleges are not being observed.

There are 15 plaintiffs, including Jason and Sierra Stoneberg Holt and Rose Stoneberg, who ranch on Timber Creek south of Hinsdale. Also listed are people representing Citizens for Balanced Use, United Property Owners of Montana and Missouri River Stewards, plus some ranchers in Blaine County. The defendants are FWP director Joseph Maurier, Montana FWP and the FWP Commission.

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Helena IR: Bill takes aim at elk archery season again

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For the third time since restrictions on archery elk permits were enacted in northeastern Montana in 2008, a bill has been introduced in the Legislature to try to reverse the controversial action of the Fish, Wildlife and Parks Commission.

The sponsor of Senate Bill 151, Sen. Jim Peterson, R-Buffalo, told the Senate Fish and Game Committee during a hearing on Tuesday that he sees the legislation as a way to move landowner, sportsmen and outfitter relations forward on a “very sticky issue.”

Peterson and other supporters of the bill — which included farm and ranch groups, outfitters and guides and the Chamber of Commerce — also cited the bill as a way to increase revenue for communities in rural areas, boost hunter opportunity and reduce elk populations where they are above FWP’s management objectives.

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Western Ag Reporter Letter to the Editor: One Good Man!

Photo credit: Terry Shuck, CC

A good man who will stand up against the crowd for what he believes in is rare; one who can do it with grace and humility, even rarer.

A few years back Montana Fish, Wildlife and Parks started pushing the boundaries on private property rights in Central Montana, and one such man came forward.  His name was Don Proue, and he was instrumental in founding United Property Owners of Montana, Inc.; the leading advocacy group working solely for property rights in Montana today.  Don’s wisdom and calm demeanor were good compliments to the youth and fire of Toby Dahl, and a examples to aspire to for Mark and Deanna Robbins.  Together, these ranchers took the reins of forming an organization dedicated only to preserving property rights; as they understood that the very essence of our freedom to use and enjoy our land depends upon those rights and those rights alone.   Don’s unquestionable integrity was always the barometer for making sure that what we were doing was not only just, but right.  He has never failed us.

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Hunting land: FWP too demanding

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Landowners in central and eastern Montana received a letter from Fish, Wildlife and Parks last week that essentially threatened them with extortion.

Since 2008, FWP has restricted hunting opportunity in these specific areas, with a goal of coercing more access to private land for hunting. FWP mistakenly assumed that a landowner would bargain away private property rights for the price of an elk permit. Instead, the limit has been directly responsible for millions of dollars in lost tourism revenue to the surrounding communities, as well as less access to private land for public hunting.

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Missoulian: Property rights, conservation groups join Montana stream access lawsuit

Photo credit: Spring Creek by  photogramma1, CC

Conservative property rights groups and conservation organizations have become involved in the bitter, eight-year legal fight over access to Montana streams from bridges.

Two conservative groups – the United Property Owners of Montana and the Political Economy Research Center – have filed friend-of-the-court briefs in the case between a sportsmen’s group and Madison County. In addition, Montana Trout Unlimited has entered the fray on the other side to support the Public Lands Access Association in the case.

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