


February 02, 2010
Discussion Topic: Citizen’s Initiative Takes Aim At Montana Outfitters
By Dave Hurteau
Designed to end outfitter-sponsored nonresident big game licenses, Montana’s Citizen’s Initiative 161 could have far-reaching implication. The proposal reflects the public’s frustration with outfitters tying up all the best hunting land—a feeling that’s plainly shared by many hunters beyond Montana’s borders.
From the Great Falls Tribune:
The struggle for access to public wildlife on private land in Montana may go to the ballot box in the form of a citizen's initiative that would abolish outfitter-sponsored nonresident big game licenses.
Citizen's Initiative 161, sponsored by Montana Public Wildlife, was certified by the Montana Secretary of State's Office and is out for signature gathering. If enough people sign the petition, it will be on the ballot in November.
"This is a natural progression of people being upset over a long period of time," said Kurt Kephart of Billings, who heads MPW. . . .
Kephart is upset that outfitters lease private land and lock out the general public. He blames the outfitter-sponsored nonresident big game licenses, created by the Legislature in 1995, adding that no other industry in the state is guaranteed a client base.
Be sure to check out this important story and tell us your reaction.
Comments (21)
Access to the game has been an issue since Robin Hood and LittleJohn. Back in the day the deer belonged to the king and it would be your life to hunt one. Nowadays those who would return us to feudalism also attempt to keep the deer for themselves, by implementing a two tier society. Everything for the rich, less than nothing for everybody else. I say again, no man can own land, the land can own you, but the land will be here long after we are gone, any notion of "ownership" is delusion. Stewardship, yes we can have that, but does a corpse own it's own grave?
I object to every little move our culture makes that grinds us towards a two tiered society of haves and have nots. Truth be told, the wild lands are the last refuge of the dispossessed and have been since Robin Hood.
Good luck with the referendum, may Montana remain free.
The one who has the gold makes the rules. That being said, I think public land is so important, and if you are willing to work/hunt hard on it, it should be yours to use. I hunt 50/50 public and private.
The problem I see in MT is that ranchers, who in my opinion have every right to control their land, lease their ranches to outfitters effectively blocking access to millions of acres of public lands that lie beyond the private property.
If they didn't lease the land to outfitters, perhaps they would place the land in a FWP Access Program like the current Block Manangement program.
But it is certainly up to the people in MT to settle it. The Outfitter Sponsored License does seem to encourage leasing and denying public hunting, even for a fee.
In my view it should not be possible to block access to public lands. If it requires seizing a right of way by eminent domain, so be it.
Terminating the outfitter sponsored tags is a good idea in general. Or, alternatively, allow any resident to buy a tag at the resident license fee and sell it to anyone they darned well please to sell it to. Nolan Osborn has it right. Since when did the state become the guarantor of a client base? Are they going to do that for every business?
Wups that was Kephart.
This conflict has been a long time building. And its complex. Here is a link to a piece form three years ago, almost exactly. I'm not sure that a set-asides ban is the right thing to do, but it I'm glad the topic- with all its ramifications- has been opened here at F&S.
http://www.newwest.net/main/article/in_montana_a_clash_of_populism_and_p...
I remember back in the 60's and 70's hunting with Dad out in Arizona. Even today BLM Land gates are illegally locked by Outfitters and other individuals making it there own private hunting preserve. For Citizen’s Initiative Taking Aim At Montana Outfitters and what I have witnessed, I'm all for it!
Does anyone know how much red tape it is for Law Enforcement to cut a lock that has been illegally placed on a BLM or any other State or Federally owned gate
Things have improved a little, Clay. The sale of hunting leases is not a big deal here, yet, in my experience. And some ranchers will let you use their roads for a small road use fee (on the order of $20) which, considering they grade the roads and run off vandals, strikes me as a reasonable request.
I have mixed feelings about this. I'm against the outfitter set aside in principal, but am vehemently against the government trying to mandate, even backhandedly, private landowners having to grant the public access to their land. I know not everyone will agree with this, but I've worked very hard to buy the little bit of land that I have and don't want just anyone able to wander around it without my permission on a case by case basis.
kk66, as I understand it, it's not about granting access to private land. It's about preventing private landowners from blocking access to public lands merely by closing roads that pass through private lands. That's why I think using eminent domain to establish a public right of way is a reasonable "last resort."
If there are issues of damage to private land by people using the road, those can be dealt with. In AZ, the open minded ranchers grant access to public land via their roads, but they request payment of an access fee (because they tend to be the ones to maintain the roads and because, regrettably, some yahoos will mess up fences and the like).
Mike,
I agree that's a very different aspect and people blocking access to public lands should be thrown underneath the jail. I apologize, didn't catch that. Shouldn't be to hard for the government to get an easement to guarantee access, especially as you pointed out that they have imminent domain powers. I agree with you on that
I think everbody should read the article - the intitiave says nothing about additional access to private lands - it only addresses the licenses not access to or across private land.
The promotor of the intiative is "upset that outfitters lease private land and lock out the general public" and keeps talking about "access to public wildlife" not public lands but that is just him talking about why he started this iniative - not what it will actually do. The comments section of the article raises some good points - if this causes fewer people to hunt on the private lands there will likely be more hunters on the public lands.
For what its worth, the NRA has come out against this:
http://www.nraila.org/Legislation/Read.aspx?ID=5349
seems like this initiative is trying to get more private lands into the block management program. I remember reading about the block management program in F&S years ago and thinking it was pretty neat; I even got a copy of the publication from the state of Montana to check it out.
The NRA's position that this "threatens wildlife management" sounds pretty preposterous on it's face, but who knows.
complex! hope the people of Montana come out the winners.
yrs-
Evan!
A sad sad deal for all hunters this is. This will not open a acre of hunting for the general public. It will however widen the divide netween the hunting public and the landowners "many many of which are outfitters and guides"
This will create a free for all of non-residents who are no longer under the watchful eye of a outfitter. If they were spending $3000 to $5000 on a outfitter "because they have to hunt with outfitters now" now they have got back their money and can and will pursue hunting clubs and private leases and hunt on public land with no regulation on where they go or how long they stay. The ones that draw buck and bull tags will bring friends with bird licenses and doe and cow tags.
161 will redirct the money from a controlled outfitted hunter to a free lance hunter.It will make it easier for hunting clubs both resident and nonresident, recreational property buyers, and also for outfitters who can and will figure it out to move about the state and operate as large as they want to.
Bottom line... Now outfitters are regulated, they take in non-residents collect money for the State FWP access program, State Economy "god forbid we think of that"and send them home in a week .
There is reason alot of ranchers like outfitters. They deal with the public and keep them in line. 161 will make things worse and in a hurry.
Mt. Rancher
The way I read it, the initiative would restrict the ability of private landowners to work with outfitters to lease their property for hunts. The only thing referred to as "public" is the wildlife. It gives me the impression that Idaho residents want the ability to hunt what they consider to be "public" wildlife on private property without the property owner being able to restrict them. Can someone closer to the situation clarify? If this passes, will a private landowner be able to lease his land to hunters he chooses to work with and limit access to the public in general?
Lets get one thing straight ricefarm. This issue is about Montana not Idaho. Comparing Montana to Idaho is like comparing a cesspool to a mountain stream. A few years ago I made the horrible mistake of moving to Montana. The unofficial motto of the state is "The Last Best Place." Yes Montanans had the last best place, but they sold it. Growing up in Idaho I had a convoluted and grandiose ideal of what public land was. I under my own stupidity I thought that it was for the public. Then I moved to Montana and realized that here you own your own little chunk, and whatever is beyond it. To me this was a laughable claim, no access to public lands was definitely not in the job description or the brochure. Not to mention MT rancher how about those ethical outfitters that drive animals on to private property, because that never happens with their scrupulous reputation. Or the fellow MT rancher who offered to let me corner hop their fence post for a hundred bucks. Their is nothing wrong with ranching (I grew up on a ranch). There is something wrong with profiteering off of public resources.
While this is and isn't about access to public land through private land (which sucks), the heart of this matter is outfitters/private interests leasing land. Most of these ranches that are leased wouldn't allow public access anyway. There is a long and sordid history in Montana of public use abusing private land. Gates left open, shooting of barns and signs, driving off road - but these problems aren't unique to Montana.
That being said, if someone came to me and offered me $10k to lease my place, only bringing a select few to hunt it, and I no longer had to deal with John Q public every weekend of the 5 week season, I'd be on that like stink on a monkey.
In Montana, we have over 8 million acres enrolled in Block Management alone. That counts for nothing of national forest, BLM, school sections, state lands, WMA's, etc.. Are they all good hunting? NO. Is all private land good hunting? NO.
Can you still get out and knock on doors and get good access, offering to exchange a little labor or a bottle of bourbon for access? Absolutely. But it takes time and effort, and is NOT done on opening morning.
THEMASTERDAN - If you couldn't find a place to hunt in Montana, you didn't look very hard.
As I tell everyone from out of state - Montana sucks, now go home and tell your friends.
By the way, Montana is already a free for all of out-of-staters leasing everything they can find.
Rob,
I fully understand that landowners do not have to allow access to public lands here in MT or anywhere else. What I have a problem with is allocating guaranteed tags to nonresident hunters as long as they book a hunt. Would you see more access if this practice were to stop, probably. I say that because you would see more people entering their property into Block Management. With Block Management the landowner dictates the terms of usage. They could allow as many people as they want to on their property, and get paid for it by the state. However you see landowners not enrolling in Block Management because they are already leased out to guides.
Also Rob I have found places to hunt here in Montana. They have been few and far between, but they are still there. I do go door to door and cordially ask landowners if they will access. Usually the answer is "already leased up" or "my family can't even hunt out there." This is truly a sad situation if a mans extended family can't even hunt on his land.
A lot of times I'm not even looking to hunt on a persons property. I just want to walk through to the national forest. You can't even do that up here.
In closing you are correct about one aspect of your "Montana Sucks." I tell everyone back home they have no idea how good they have it.
As much as I liked hunting in Montana, there are too many obstacles to the non-resident hunter. No access to much of the public land, hard to draw general licenses, outfitters leasing a lot of the land, and shrinking elk herds.
I suppose I could move to Montana, but doubt that I could make a decent living out there. So I can not kill elk here in WA just as easy and cheaper than I can not kill elk in MT or I can go to Colorado and have a decent chance at an elk where we hunt.
I have heard that a trapping ban is also attached to this Sponsered by a group called newwest.net.
newwest.net is the website.Very anti-hunting/trapping it seems from the posts there.
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In my view it should not be possible to block access to public lands. If it requires seizing a right of way by eminent domain, so be it.
Terminating the outfitter sponsored tags is a good idea in general. Or, alternatively, allow any resident to buy a tag at the resident license fee and sell it to anyone they darned well please to sell it to. Nolan Osborn has it right. Since when did the state become the guarantor of a client base? Are they going to do that for every business?
The one who has the gold makes the rules. That being said, I think public land is so important, and if you are willing to work/hunt hard on it, it should be yours to use. I hunt 50/50 public and private.
Things have improved a little, Clay. The sale of hunting leases is not a big deal here, yet, in my experience. And some ranchers will let you use their roads for a small road use fee (on the order of $20) which, considering they grade the roads and run off vandals, strikes me as a reasonable request.
Lets get one thing straight ricefarm. This issue is about Montana not Idaho. Comparing Montana to Idaho is like comparing a cesspool to a mountain stream. A few years ago I made the horrible mistake of moving to Montana. The unofficial motto of the state is "The Last Best Place." Yes Montanans had the last best place, but they sold it. Growing up in Idaho I had a convoluted and grandiose ideal of what public land was. I under my own stupidity I thought that it was for the public. Then I moved to Montana and realized that here you own your own little chunk, and whatever is beyond it. To me this was a laughable claim, no access to public lands was definitely not in the job description or the brochure. Not to mention MT rancher how about those ethical outfitters that drive animals on to private property, because that never happens with their scrupulous reputation. Or the fellow MT rancher who offered to let me corner hop their fence post for a hundred bucks. Their is nothing wrong with ranching (I grew up on a ranch). There is something wrong with profiteering off of public resources.
Access to the game has been an issue since Robin Hood and LittleJohn. Back in the day the deer belonged to the king and it would be your life to hunt one. Nowadays those who would return us to feudalism also attempt to keep the deer for themselves, by implementing a two tier society. Everything for the rich, less than nothing for everybody else. I say again, no man can own land, the land can own you, but the land will be here long after we are gone, any notion of "ownership" is delusion. Stewardship, yes we can have that, but does a corpse own it's own grave?
I object to every little move our culture makes that grinds us towards a two tiered society of haves and have nots. Truth be told, the wild lands are the last refuge of the dispossessed and have been since Robin Hood.
Good luck with the referendum, may Montana remain free.
The problem I see in MT is that ranchers, who in my opinion have every right to control their land, lease their ranches to outfitters effectively blocking access to millions of acres of public lands that lie beyond the private property.
If they didn't lease the land to outfitters, perhaps they would place the land in a FWP Access Program like the current Block Manangement program.
But it is certainly up to the people in MT to settle it. The Outfitter Sponsored License does seem to encourage leasing and denying public hunting, even for a fee.
I remember back in the 60's and 70's hunting with Dad out in Arizona. Even today BLM Land gates are illegally locked by Outfitters and other individuals making it there own private hunting preserve. For Citizen’s Initiative Taking Aim At Montana Outfitters and what I have witnessed, I'm all for it!
I have mixed feelings about this. I'm against the outfitter set aside in principal, but am vehemently against the government trying to mandate, even backhandedly, private landowners having to grant the public access to their land. I know not everyone will agree with this, but I've worked very hard to buy the little bit of land that I have and don't want just anyone able to wander around it without my permission on a case by case basis.
kk66, as I understand it, it's not about granting access to private land. It's about preventing private landowners from blocking access to public lands merely by closing roads that pass through private lands. That's why I think using eminent domain to establish a public right of way is a reasonable "last resort."
If there are issues of damage to private land by people using the road, those can be dealt with. In AZ, the open minded ranchers grant access to public land via their roads, but they request payment of an access fee (because they tend to be the ones to maintain the roads and because, regrettably, some yahoos will mess up fences and the like).
Mike,
I agree that's a very different aspect and people blocking access to public lands should be thrown underneath the jail. I apologize, didn't catch that. Shouldn't be to hard for the government to get an easement to guarantee access, especially as you pointed out that they have imminent domain powers. I agree with you on that
I think everbody should read the article - the intitiave says nothing about additional access to private lands - it only addresses the licenses not access to or across private land.
The promotor of the intiative is "upset that outfitters lease private land and lock out the general public" and keeps talking about "access to public wildlife" not public lands but that is just him talking about why he started this iniative - not what it will actually do. The comments section of the article raises some good points - if this causes fewer people to hunt on the private lands there will likely be more hunters on the public lands.
For what its worth, the NRA has come out against this:
http://www.nraila.org/Legislation/Read.aspx?ID=5349
A sad sad deal for all hunters this is. This will not open a acre of hunting for the general public. It will however widen the divide netween the hunting public and the landowners "many many of which are outfitters and guides"
This will create a free for all of non-residents who are no longer under the watchful eye of a outfitter. If they were spending $3000 to $5000 on a outfitter "because they have to hunt with outfitters now" now they have got back their money and can and will pursue hunting clubs and private leases and hunt on public land with no regulation on where they go or how long they stay. The ones that draw buck and bull tags will bring friends with bird licenses and doe and cow tags.
161 will redirct the money from a controlled outfitted hunter to a free lance hunter.It will make it easier for hunting clubs both resident and nonresident, recreational property buyers, and also for outfitters who can and will figure it out to move about the state and operate as large as they want to.
Bottom line... Now outfitters are regulated, they take in non-residents collect money for the State FWP access program, State Economy "god forbid we think of that"and send them home in a week .
There is reason alot of ranchers like outfitters. They deal with the public and keep them in line. 161 will make things worse and in a hurry.
Mt. Rancher
Wups that was Kephart.
This conflict has been a long time building. And its complex. Here is a link to a piece form three years ago, almost exactly. I'm not sure that a set-asides ban is the right thing to do, but it I'm glad the topic- with all its ramifications- has been opened here at F&S.
http://www.newwest.net/main/article/in_montana_a_clash_of_populism_and_p...
Does anyone know how much red tape it is for Law Enforcement to cut a lock that has been illegally placed on a BLM or any other State or Federally owned gate
seems like this initiative is trying to get more private lands into the block management program. I remember reading about the block management program in F&S years ago and thinking it was pretty neat; I even got a copy of the publication from the state of Montana to check it out.
The NRA's position that this "threatens wildlife management" sounds pretty preposterous on it's face, but who knows.
complex! hope the people of Montana come out the winners.
yrs-
Evan!
The way I read it, the initiative would restrict the ability of private landowners to work with outfitters to lease their property for hunts. The only thing referred to as "public" is the wildlife. It gives me the impression that Idaho residents want the ability to hunt what they consider to be "public" wildlife on private property without the property owner being able to restrict them. Can someone closer to the situation clarify? If this passes, will a private landowner be able to lease his land to hunters he chooses to work with and limit access to the public in general?
By the way, Montana is already a free for all of out-of-staters leasing everything they can find.
Rob,
I fully understand that landowners do not have to allow access to public lands here in MT or anywhere else. What I have a problem with is allocating guaranteed tags to nonresident hunters as long as they book a hunt. Would you see more access if this practice were to stop, probably. I say that because you would see more people entering their property into Block Management. With Block Management the landowner dictates the terms of usage. They could allow as many people as they want to on their property, and get paid for it by the state. However you see landowners not enrolling in Block Management because they are already leased out to guides.
Also Rob I have found places to hunt here in Montana. They have been few and far between, but they are still there. I do go door to door and cordially ask landowners if they will access. Usually the answer is "already leased up" or "my family can't even hunt out there." This is truly a sad situation if a mans extended family can't even hunt on his land.
A lot of times I'm not even looking to hunt on a persons property. I just want to walk through to the national forest. You can't even do that up here.
In closing you are correct about one aspect of your "Montana Sucks." I tell everyone back home they have no idea how good they have it.
As much as I liked hunting in Montana, there are too many obstacles to the non-resident hunter. No access to much of the public land, hard to draw general licenses, outfitters leasing a lot of the land, and shrinking elk herds.
I suppose I could move to Montana, but doubt that I could make a decent living out there. So I can not kill elk here in WA just as easy and cheaper than I can not kill elk in MT or I can go to Colorado and have a decent chance at an elk where we hunt.
While this is and isn't about access to public land through private land (which sucks), the heart of this matter is outfitters/private interests leasing land. Most of these ranches that are leased wouldn't allow public access anyway. There is a long and sordid history in Montana of public use abusing private land. Gates left open, shooting of barns and signs, driving off road - but these problems aren't unique to Montana.
That being said, if someone came to me and offered me $10k to lease my place, only bringing a select few to hunt it, and I no longer had to deal with John Q public every weekend of the 5 week season, I'd be on that like stink on a monkey.
In Montana, we have over 8 million acres enrolled in Block Management alone. That counts for nothing of national forest, BLM, school sections, state lands, WMA's, etc.. Are they all good hunting? NO. Is all private land good hunting? NO.
Can you still get out and knock on doors and get good access, offering to exchange a little labor or a bottle of bourbon for access? Absolutely. But it takes time and effort, and is NOT done on opening morning.
THEMASTERDAN - If you couldn't find a place to hunt in Montana, you didn't look very hard.
As I tell everyone from out of state - Montana sucks, now go home and tell your friends.
I have heard that a trapping ban is also attached to this Sponsered by a group called newwest.net.
newwest.net is the website.Very anti-hunting/trapping it seems from the posts there.
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