Since in the 1980’s Montana has been the “gold standard” in terms of protecting its citizen’s rights to recreational access of the waterways within its borders. In 1984 The Montana Supreme Court held that the streambed of any river or stream that allows for recreational use can be accessed by the public, from public land, regardless of whether the waterway is “navigable” or who owns the adjacent streambed property. The Montana Stream Access Law gives the public rights to access streams and rivers for recreational purposes, up to the ordinary high-water mark. The law does not allow access through posted lands bordering those streams or to cross private lands to gain access to streams.
No such stream access is available in many states. For example, in Wyoming boaters cannot even drop anchor in a river flowing through private land without being in trespass. Article IX, section 3 of the 1972 Montana Constitution gave the ownership of the state’s waterways to its citizens. It goes without saying that this law that must be protected from those individuals who would like to reverse our State Constitution to privatize Montana steams. This law protects access rights not only to current Montana citizens, but to future generations.
In this video, Montana BHA member and backcountry horseman Frank Vitale is among one of many local residents and public land users who explains why protecting Montana's North Fork is important to him. Local sportsmen conservationists like Frank continue to work to protect the North Fork's wild waters and backcountry habitat.
BHA member and rancher Roy Jacobs speaks-up on the need to protect the intact lands he depends on, in this video on the legacy of the Rocky Mountain Front. Local BHA members like Roy are working towards ensuring these lands remain intact, so that sporting and ranching traditions can continue on as they have for decades.
This is a follow up letter to the MT BHA letter we sent FWP a couple of months ago.
According to FWP website, Montana WMAs have the following direction…
“FWP’s Wildlife Management Areas (WMAs) are managed with wildlife and wildlife habitat conservation as the foremost concern. WMAs protect important wildlife habitat that might otherwise disappear from the Montana landscape. They provide vital habitat for bear, bighorn sheep, birds, deer, elk, furbearers, moose, mountain goats, wolves and an array of other game and nongame wildlife.”
“The primary goal of Montana's Wildlife Management Areas is to maintain vital wildlife habitat for the protection of species and the enjoyment of the public.”
Montana Chapter of Backcountry Hunters and Anglers believes there is ample room for improvement of in current management of Spotted Dog WMA to meet the vision emulated in the above statements. To better understand how Spotted Dog is and will be managed in the future, we request responses to the following questions.
Montana Sage Grouse Habitat Conservation Advisory Council:
Montana Backcountry Hunters and Anglers welcomes the opportunity to comment on the proposed Montana Sage Grouse Plan. Our members are grassroots Montana hunters and fishermen who cherish prairie habitats and their wildlife, as well as hunting opportunities within sage habitats on both public and private lands. Our members pursue game, but appreciate all the ecological aspects of wildlife habitats encountered while in the field. It is the context of sage grouse and their habitats that we formulate these comments.
First, we appreciate the efforts for the State of Montana to retain authority to manage sage grouse, and the emphasis on landscape scale habitat needs of these birds.
Jeff Hagener, Director
Montana Department Fish Wildlife and Parks
On October 1, 2013 I had occasion to drive thru and hike parts of Spotted Dog Wildlife Management Area as part of a bowhunt in HD 215. I have attached a couple of photos to document grazing conditions that Montana Chapter Backcountry Hunters and Anglers do not feel are appropriate for a Wildlife Management Area managed by FWP. We also are compelled to discuss the current motorized uses occurring on the WMA.
As background, I spent 32 years with the US Forest Service, both as fisheries biologist as well as District ranger for 10 years managing roughly 3330,000 acres of western Montana public lands. Both as fisheries biologist and District Ranger, I had extensive experience and exposure to management of livestock as well as the effects of poor management.
We fully understand the current grazing lease was imposed on the Department when the purchase of Spotted Dog lands was finalized. However, it is our understanding that this lease is expiring in the next year or two. The upcoming lease expiration will be an excellent opportunity to get it right next time.
As you can see from the photos, the stream channel condition and alteration by years of mismanagement of cattle has had a devastating effect on channel form, stability and function, and fisheries habitat values. Woody riparian plants expected to be on such a stream are largely gone, replaced by bluegrass and noxious weeds. I would expect that any FWP fisheries biologist would collaborate my opinion on the extreme adverse effects of livestock. At one time I expect this stream had dominantly woody plants such as willow and alder and likely extensive beaver activity in the moderate and low gradient reaches of all the streams on the WMA.
The following letter was sent to the Montana Wildlife and Parks Department on behalf of Montana BHA, on September 13, 2013.
Montana Dept Fish Wildlife and Parks
Montana Chapter of Backcountry Hunters and Anglers supports Alternative B which would allow bison to utilize public land habitats north and west of Yellowstone National Park. Our organization is composed of several hundred grassroots Montana hunters and anglers which believe wildlife on public lands should be enhanced to provide an enhanced ecosystem with a full complement of native wildlife and allow fair chase hunting when appropriate.
Recently four livestock grazing allotments were retired in these two areas, which reduces the low risk of disease transmission from bison to cattle.
Billings Field Office
5001 Southgate Drive
Billings, Montana 59101
The following are Montana Chapter Backcountry Hunters and Anglers (MT BHA) comments regarding the Billings/Pompeys Pillar Resource Management Plan (RMP.
Montana Chapter Backcountry Hunters and Anglers are Montana sportsmen across the state that depend on management of public lands in Montana to support abundant fish and wildlife populations, as well as provide traditional, non-motorized hunting and fishing opportunities. The content and direction provided by the Billings/Pompeys Pillar Resource Management Plan (RMP) Revision is critical to both the wildlife habitat and hunting opportunities.
We believe Preferred Alternative D fails to provide adequate protection for wildlife habitats, fails to provide for appropriate amount of non-motorized hunting opportunities, and fails to provide adequate protection for areas with outstanding characteristics, including wilderness characteristics. We appreciate the honesty in the DEIS assessment of Alternative D re oil and gas development as “least protection of any Alternative”.
Havre Field Office
3990 Highway 2 West
Havre, MT 59501
The following are Montana Chapter Backcountry Hunters and Anglers (MT BHA) comments regarding the HiLine Resource Management Plan (RMP) Revision.
Montana Chapter Backcountry Hunters and Anglers are Montana sportsmen across the state who depend on management of public lands in Montana to support abundant fish and wildlife populations, as well as provide traditional, non-motorized hunting and fishing opportunities. The content and direction provided by the HiLine Resource Management Plan (RMP) Revision is critical to both the wildlife habitat and hunting opportunities.
We believe Preferred Alternative E fails to provide adequate protection for wildlife habitats, fails to provide for appropriate amount of non-motorized hunting opportunities, and fails to provide adequate protection for areas with outstanding characteristics, including wilderness characteristics and cultural features.
Our organization supports the many features of Alternative B, and requests the Final Plan adopt at least the following direction contained in Alternative B:
-Protect wilderness characteristics on 26 areas totaling 386,000 acres compared with the preferred Alt E which protects only two areas totaling less than 11,000 acres. We request the 26 areas be managed to retain their wilderness characteristics.
-Close oil and gas leasing in 5 areas with wilderness characteristics