Hunting & Fishing Access

Spring time is here in Montana. How can we be sure? The gophers are out and that means it’s time to dust off the bow or gun and head out to the field.

I recently was out to running a few errands and came upon some new roads being put in an area close to town. Seems like all the machinery rumbling around awoke the gophers from their hibernation. It was a target rich environment.

I couldn’t use a pistol or gun because of the proximity of homes and stock so I took out the Hoyt Vectrix. A quick visit to Big Sky Archery in Bozeman, MT for some G5 small game heads and reliable Judo Points and I was in business.

I have been a bow-hunter since my days in college and have never shot with a stabilizer. I asked Bill one of the owners about stabilizers. He pointed me to the Fuse Carbon CX a new stabilizer recently on the market. I asked him if stabilizers really make that much of a difference. His reply was, “You won’t believe it till you shoot with one.” So I purchased it put in on the bow and headed to the field.

My previous personal best was 6 gophers with my bow. At the end of the session with the new stabilizer I had taken 15. The furthest came at 43 yards confirmed by the laser rangefinder. To say that I was impressed would be an understatement. Now I wouldn’ think about heading out to the field without one.

Time to get out and get in the field. Spring turkey and bear season openers are just around the corner. I can’t think of a better way to practice and hone the skills.

Straight shooting!

Joe Esparza

Montana: Basic Stream Access Rules

Montana law states that the public, without regard of the ownership of the land underlying the waters, may use rivers and streams for recreational use up to the ordinary high-water mark. Generally speaking, all flowing, natural streams capable of recreational use are available to the public for such use between the ordinary high water marks without landowner permission. Recreational use generally refers to fishing, floating, boating, bird hunting, and enjoying the waterway. Generally, a sportsman cannot big game hunt or use a dry stream bed for access or a right of way. Bird hunting is allowed however. Please note that all permitted activity must take place between the high water marks of the water.

Although the law gives hunters and fishermen the right to use rivers and streams for water-related recreation, it does not allow them to enter posted lands bordering those streams or to cross private lands to gain access to streams unless very specific conditions are met. Under Montana trespass law, a person may enter private property to fish if the land is not posted (signs or orange paint at common access points), and where the landowner has not communicated to the person the landowner’s desire for the person to leave. Even though a fisherman has the right to cross private non-posted land in this situation, we personally believe that the sportsman ought to ask the landowner first. It is the way that you would want to be treated if you owned the land. For a more detailed coverage of Montana trespass law, see our article on trespass rules under our About Access section on our home page.

Sportsmen’s Access’ Position

Montana is extremely fortunate to have great places to fish, and an exceptional stream access law. For this law to continue to work, both sportsmen and women must exercise ethical behavior and respect private property rights. Although permission to access Montana waters is not required in many cases, we are firm believers in knocking the landowner’s door and letting them know what your plans are. For some large bodies of water with clear public access this may not be necessary, but for small streams with restricted access, it is the neighborly thing to do. Our policy is to use good common sense, and to treat the private landowner the same way that we would want to be treated if in their shoes. Together, we can keep Montana’s waters open for future generations.

Water Classifications

The Water Access Rules classify water into Class I and Class II Waters. The Montana Fish, Wildlife and Parks has assembled a list of Class I Waters (Class I Waters are generally the larger streams and rivers). All waters that are not Class I Waters are considered Class II Waters. Generally, a sportsman has more rights on Class I Waters than on Class II Waters. The reason there is a distinction in Class I and Class II Waters is that under state and federal law, the stream beds of commercially navigable streams (typically Class I Waters) are owned by the state and the stream beds of commercially non-navigable streams (typically Class I Waters) are owned by the adjacent landowners.

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For Class I Waters, your rights do not include:

1. the operation of all-terrain vehicles or other motorized vehicles not primarily designed for operation upon the water;

2. the recreational use of surface waters in a stock pond or other private impoundment fed by an intermittently flowing natural watercourse;

3. the recreational use of waters while diverted away from a natural water body for beneficial use pursuant state law

4. big game hunting is not permitted on private land between the high water mark without the permission of the landowner;

5. overnight camping within sight of any occupied dwelling or within 500 yards of any occupied dwelling, whichever is less (which means that camping is allowed as long as you do not camp in sight of an occupied dwelling or within 500 yards of an occupied dwelling, whichever is less AND overnight camping is necessary for the enjoyment of the water resource) (campfires are permitted- try to use an existing fire ring if possible and choose a safe location- no fire wood gathering above the high water mark);

6. the placement or creation of any permanent duck blind, boat moorage, or any seasonal (temporary duck blind) or other objects within sight of or within 500 yards of an occupied dwelling, whichever is less; (temporary duck blinds are OK as long as they are not in sight of an occupied dwelling or within 500 yards of an occupied dwelling, whichever is less) or

7. use of a streambed as a right-of-way for any purpose when water is not flowing( you cannot walk down a dry stream bank to recreate or to access public land).

Remember that the water-based recreation allowed above has to take place within the high water marks of the stream or river.

NOTE: Fishing and bird hunting would be allowed within the high water mark. The difficulty with hunting on Montana waterways is that a hunter cannot pursue wounded or downed game on private land without permission. However, migratory and upland bird hunting may provide a practical hunting opportunity since retrieval without crossing onto private land is a distinct possibility. So shoot straight and make sure that your birds land in the water or between the high water marks. Permission from the landowner must be obtained to retrieve your birds above the high water mark on private land. Of course, accessing state trust lands and federal lands via a stream is a much more viable option for the big game hunter since the hunter would only be limited by state and federal regulations for the taking of game on that public land. When using streams as a means to access public lands, hiking the stream to gain access is not permitted if the land is properly posted at access points and is not connected to the recreational use of the water (such as fishing). If the land is not posted, then hiking the stream would be permitted as a means of gaining access to public lands. Remember, if in doubt, always ask first.

The following waters in Montana are generally accepted to be Class I Waters:

1. Beaverhead (from Clark Canyon Dam to where it meets the Jefferson River)
2. Big Hole River (from Fishtrap Access Site downstream from Wisdom with the Jefferson)
2. Big Horn River (from Yellowtail Dam to where it joins the Yellowstone)
3. Bitterroot River ( from where the East Fork and the West Fork join the Bitterroot to where the Bitterroot meets the Clark Fork)
4. Blackfoot River ( from the Cedar Meadow Fishing Access Site west of Helmville to where it meets the Clark Fork)
5. Blackfoot River- North Fork (from Hwy 200 east of Ovando to where it meets the Blackfoot River)
5. Boulder River of the Yellowstone River
6. West Boulder River of the Yellowstone River
7. Bull River of the Clark Fork River
8. Clark Fork River (from Warm Springs Creek to the Idaho border)
9. Clearwater River of the Blackfoot River
10. Dearborn River (form the Hwy 434 bridge to where it meets the Missouri)
11. Flathead River (except within the boundaries of Flathead Indian Reservation) (to where it meets the Clark Fork)
12. Flathead River- Middle Fork (from Schaffer Creek to where it meets the main Flathead River)
13. Flathead River- North Fork
14. Flathead River- South Fork (from Youngs Creek to Hungry Horse Reservoir)
15. Fortine Creek
16. Gallatin River (from Taylors Fork to where it meets the Missouri River)
17. Graves Creek of the Tobacco River
18. Jefferson River (to here it meets the Missouri River)
19. Judith River (from where the Big Spring Creek meets the Judith River to where the Judith River meets the Missouri River)
19. Kootenai River (from Libby Dam to the Idaho border)
20. Lake Creek (from the Chase cut-off road to where it meets the Kootenai River)
20. Little Missouri River
21. Lolo Creek
22. Madison River (from Quake Lake to where it meets the Missouri River)
23. Marias River (from Tiber Dam to where it meets the Missouri River)
24. Milk River
25. Missouri River (from Three Forks to the North Dakota border)
26. Nine Mile Creek of the Clark Fork River
27. Rock Creek of the Clarks Fork of the Yellowstone River
28. Rock Creek of the Clark Fork River (from where the West Fork meets Rock Creek to where Rock Creek meets the Clark Fork)
29. Smith River (from Camp Baker Fishing Access site near Fort Logan to where it meets the Missouri River)
30. Sheep Creek of the Smith River
31. Dupuyer Creek
32. Stillwater River of the Flathead
33. Sun River (from Gibson Dam to where it meets the Missouri River)
34. Swan River
35. Teton River
36. Tobacco River
37. Tongue River (from the Tongue River Dam to where it meets the Yellowstone River)
38. Whitefish River
39. Yaak River (from Yaak Falls to where it meets the Kootenai River)
40. Yellowstone River (from Yellowstone National Park to the North Dakota border)
41. Musselshell River
42. Powder River

Note: In our Fishing Research Reports found by searching our database, we will identify the stretch of water as either a Class I or Class II Stream for recreation purposes.

What if the stream is not recognized as one of the Class I Waters listed above?

If the water is a small stream and not classified as a Class I Stream, the right of the public to make recreational use of such streams for fishing, and bird hunting still exists. However, the rights of the sportsperson does not include:

2. overnight camping;
3. the placement or creation of any seasonal object such as a temporary duck blind
4. Remember- no Big Game Hunting allowed.

So what are a couple of the main differences between recreating on a Class 1 and Class 2 Stream?

1. Class 1 allows camping and Class 2 does not unless you receive the permission of the adjacent landowner; and
2. Class 1 allows the placement of temporary or seasonal objects (like a temporary duck blind) while and Class 2 does not allow any objects unless you receive the permission of the adjacent landowner.

What if there is a barrier on the stream?

A member of the public making recreational use of surface waters may, above the ordinary high-water mark, portage around barriers in the least intrusive manner possible, avoiding damage to the landowner’s land and violation of his rights.
What about accessing streams where a public roadway bridge crosses a stream?

Hunters and fishermen may gain access to streams and rivers from a public road right-of-way at bridge crossings. However, sportsmen should be aware that access at a bridge crossing could be restricted by a county commission for public safety, and access at some bridges may be restricted where the establishment of the county road right-of-way did not allow access to the stream or river. An informational brochure, Stream Access in Montana, is available from FWP offices. This brochure explains the law regarding stream access and the responsibilities of both the sportsman and the landowner. It also provides an overview of the classifications of various streams and rivers under the stream access law. If you plan recreational activities on or near Montana streams and rivers, contact your local FWP office for a free copy of this brochure. Sportsmen’s Access has identified on its Interactive RAM Maps (with the help of its GIS mapping company) most bridges that are on public roads that cross streams.

What if the water borders or touches state trust lands, BLM, or U.S. Forest Service lands?

Unless the state or federal land is restricted in some manner, it is open to both hunting and fishing subject to the respective rules of each government entity and FWP regulations. A great strategy for accessing under hunted and fished public lands is to recreate on a stream and when it crosses or touches public land, to beach your craft, access the property and further recreate. Sportsmen’s Access has identified many of these underused targeted lands and continues to research and identify more of these parcels for your enjoyment. The main issue is to make sure you are accessing public land; therefore, make sure you record the coordinates from our Interactive RAM Maps so you can identify the access point and the boundaries of the public lands. It is your responsibility to make sure you that you stay on the public land and do not enter private land without permission from the landowner. What about crossing private property for purposes of fishing?

Although we recommend that you always ask the landowner for permission to cross his property, for purposes of fishing, a fisher may cross private property to fish on a stream unless the property is properly posted. Proper posting means that the private property is either signed “No Trespassing” or has at least 50 square inches of fluorescent orange paint on a post, structure or natural object (in case of a metal post, the entire post should be painted). Property notice requires the signage or paint at all outer gates, natural points of access and at each place a stream crosses an outer boundary sign. If you do cross private property to fish, the landowner can revoke the implied permission, ask you to leave and you are obliged to leave. Where a stream crosses the private property boundary and touches a public right of way such that the public has access (such as a county road bridge crossing the stream), the public can access the stream unless the county commissioners have closed the bridge access point for safety reasons or where the county has not acquired a public right away (in most cases, these public road bridge crossings are open and are legally accessible for fishing). Sportsmen’s Access has highlighted bridges that cross streams on its Interactive RAM Maps for your convenience.

What about crossing private property for purposes of hunting?

For purposes of hunting, a sportsperson may NOT cross private property to hunt without the permission of the landowner whether or not the land is posted.

What if the water is on a Montana Indian Reservation?

You need to contact the specific reservation for information on stream access as the rules may differ from state rules.

What if I am still not sure of the rules?

We have found that the enforcement officers at the Montana FWP have a great understanding of these rules because they are one of the primary enforcers of the access laws. So give the FWP a call and ask to speak to one of the FWP enforcement officers about the stream access law. If you are a member of one of our clubs, you can also give us a call. Ask for Jerry, who is an attorney and avid sportsman.

Sources: Montana Fish Wildlife and Parks, Montana Code Annotated, Sportsmen’s Access Research Department, U.S. FWS, BLM, U.S. Forest Service.

Some of my favorite places to hunt in Montana are on private ranches that allow access for the do-it-yourself hunter. Many of these ranches are very affordable and the game is plentiful- about 9 million acres in Montana are under the Block Management Program (more on that program later). In my opinion, Montana has set itself apart from other western states in terms of developing a strong program, with significant acreage, where public hunters are allowed ranch access at no cost. My hat goes off to the folks at the Montana Fish, Wildlife and Parks office for a lot of hard work that has paid off for the average hunter in the Treasure State. However, some ranches that have been associated at one time with the Block Management Program in Montana, have found that they were not able to control hunter numbers as much as they would like and the ranchers felt that the quality of the game had diminished. And, certainly these ranches have the right to not participate in the program. I am not here to make a judgement one way or the other- I do believe that both approaches have their places.  Some of these ranches that allow do-it-yourself hunters access even have bunk houses that you can stay at,  which makes the experience even that much better. And, some of these ranches provide free access, if you approach the matter the correct way. I have often found that access depends on the targeted species. Antelope = easier access; elk = harder access, and so on. And many of these ranchers will allow youth and women on the ranch to help cull herds- I suppose that this gives the rancher a sense of giving back to the citizens. But, I am no psychologist.

I have found Montana ranchers an independent sort and full of energy, but down to earth folks. Which even enhances the experience even more. Often, stopping and offering assistance can yield hunting and fishing opportunities that are exceptional. I am posting an article here by some folks connected to the Montana county extension on etiquette when dealing with the private Montana landowner. Follow some of the suggestions here and the doors will likely open. So, whether you are looking to shoot upland birds or mule deer or antelope or turkey in Montana, a little common sense and courtesy still goes a long way in Big Sky Country.

I asked the folks at the extension office if I could republish their article and they gave me permission as long as it was readily available to the public. So here it is:

A Sportsman’s Guide
Published: Mar 18, 2006
Written by: Jim Knight and Larry Brence

Sportsmen have long enjoyed Montana as one of the premiere hunting and fishing sites in North America. From the plains of eastern Montana to the rugged mountains in the west, Montana offers excellent sporting opportunities. While many sportsmen utilize Montana’s public lands for their sporting needs, a large number flock to private lands owned by farmers and ranchers. Even though there seems to be an endless amount of public land in Montana available to sportsmen, many find themselves depending on private land to enjoy their hunting experiences.

Unlike public land that is managed for a number of uses by a government agency and is open to the public in general, private land is controlled by a landowner who makes the ultimate decision as to how, when, and by whom the land is to be used. Consequently, gaining access to hunt on private land is much different than public land and can be more difficult. Fortunately, the extra effort needed to hunt private land is worth it, as 70% of Montana is in private ownership. Many game animals in Montana spend considerable amounts of time on private land. Private land may also offer more positive opportunities in terms of hunter numbers and quality of animals.

The Landowner Perspective

In order for sportsmen to develop and maintain a positive relationship with landowners, it is important that they understand the landowner’s perspective. The landowner, in most cases a rancher or farmer, depends heavily upon his land to make a living for himself and his family. In many cases, the sole source of income for a family may come from the ranch or farm. Since farmers and ranchers are so dependent on the land, they have serious concerns when they allow others to use their land for activities such as hunting or fishing. Gates left open, livestock killed accidentally, weeds, fires, and damage to roads are just a few of their concerns.

Hunting season also falls at what can be a busy time of year for landowners. Many are rushing to get fall work completed before cold weather and snow set in. A steady stream of hunters calling on the phone and appearing at the front door does little to help a landowner get his work finished and even less to improve his outlook on hunters and the hunting season. On the other hand, many are proud of their land and the way they manage their natural resources and are eager to showcase those skills to the public at large. Wildlife generally benefit from this management and can become overpopulated. Landowners recognize the role hunters play in managing wildlife populations. Landowners also recognize the role of good sportsman/landowner relationships that keep wildlife in balance with their agricultural operations.

It is easy, then, to recognize that sportsmen present potential for both risk and rewards to the landowner. With a little effort, sportsmen can tip this balance in their favor and present more rewards than risks to landowners. For the first-time private land hunter, developing a relationship with a landowner can seem like a daunting task. It may take a number of years, but by being a good sportsman and respecting the land and the landowner’s wishes, you can ensure a positive hunting experience.

Obtaining Permission

Permission is the most basic necessity for hunting on private land. Since permission is required to hunt on private land, hunters must contact the landowner to gain access. Before contacting a landowner, sportsmen should consider the situation of the landowner.

Fall can be an exceptionally busy time of year for a farmer or rancher- shorter days coupled with the need to complete work before winter can make for a very hectic schedule. During hunting season, farmers and ranchers are often bombarded at all hours of the day and night by requests to hunt. Many times the landowner is taken away from important activities to deal with requests from sportsmen.

Keep these factors in mind as you approach a landowner for permission to hunt:

If you know where you will be hunting, contact landowners early, possibly even before the season starts. This will give advance notice that you would like to hunt in the area and increase your opportunity to receive permission.

Contact the landowner during reasonable hours. Driving into a rancher’s yard at 4 a.m. to ask permission to hunt may be the best way of getting turned down for hunting access. If you haven’t already obtained permission, calling or stopping at the landowner’s house the evening before you plan to hunt is appropriate. Otherwise, wait until a reasonable hour during the day you wish to hunt to ask permission.

Inform the landowner how many are in your party, what species you would like to hunt, and how long you would like to stay. This will make it possible for the landowner to manage his hunter numbers and ensure that his land is not overhunted.

It is important for a landowner to manage his hunting. Too many hunters may chase off the game animals and detract from what could be a positive hunting experience. If a landowner turns you down because his place is already full, do not take it personally. It is in the interest of better hunter and game management.

Behavior on Private Land

Probably the most critical step in maintaining the landowner relationship is how a hunter behaves while he is on private land. If a hunter has not been a good sportsman and has not respected the landowner’s wishes, he should not expect to return in future seasons.

Following are some basic rules to follow as you hunt on private land.

Close all gates that you find closed and leave open those that are open. Occasionally ranchers will leave gates open to allow livestock to move from pasture to pasture or to go to water. Closing the gate may prevent livestock from getting to water. Also be observant as you pass through gates. A gate that has been propped open or up against the fence usually indicates that it is supposed to be open, but a gate left swinging or laying on the ground may mean it is not supposed to be open. If possible, contact the landowner about such situations, so the landowner has the opportunity to remedy any problems.

Do not drive off roads and trails unless allowed by the landowner. Vehicle traffic across fields and rangeland tends to knock down grass, spread noxious weeds, and has the potential for starting fires. If the ground is wet, vehicles may cause ruts that will lead to erosion. It’s much better to walk further than to damage roads or rangeland. A good rule of thumb is, if in doubt, walk!

Be careful not to spread noxious weeds. If coming from an area that has noxious weeds problems, be careful to clean the undercarriage of your vehicle or any other equipment before you enter a weed free area. Research has shown that vehicles will transport noxious weed seeds. Noxious weeds not only cost a landowner to control them and reduce grazing for his livestock, but also reduce wildlife habitat.

Know and respect boundaries. A landowner may give you permission on only part of his land. It is also important to know where one farm or ranch ends and the next begins. If you are unsure of boundaries, obtain a map of the area, and ask the landowner to outline all necessary boundaries for you. In some cases, landowners will supply maps. If you are not certain that you will remain on the landowner’s property when coming to a fence, don’t cross it!

Maintaining the Welcome

In many cases, a sportsman will find an area where he wants to hunt in future years. Landowners in general welcome those hunters who have been good sportsmen and respected their property. There are some things, however, that will cultivate that relationship.

Correspondence following the season is appropriate. A thank-you note to let the landowner know that you enjoyed the opportunity to hunt will foster good will. Never assume permission is for multiple years, so let the landowner know in advance of your plans to return. If he knows the date when you will be there, he can make sure you have a place to hunt. Even if you don’t plan to return, notify the landowner, so he can give someone else a hunting opportunity.

Do not assume that since a landowner allowed you to hunt that he wants all your friends and family as well. If you do plan on bringing more people with you in succeeding seasons, make sure you ask permission to bring the additional hunters.

While it is not necessary to pay landowners for hunting, gestures of good will are appreciated. In many cases hunters may offer a service or help with the ranch chores if needed. In one situation, a hunter who owns a carpet cleaning business cleans the carpets in the rancher’s house each year when he comes to hunt. A newspaper from town or a dozen bakery donuts may be a friendly gesture. Consider offering to share your game.

Summary

Hunters should appreciate the contributions of private landowners. In addition to a place to hunt, landowners provide habitat necessary for wildlife to survive. Disparaging comments about ranchers and farmers by groups that claim to represent hunters do nothing but harm hunter/landowner relationships. On the other hand, thank you’s and acknowledgment of the contribution of private land and agriculture will help ensure future opportunities for sportsmen.

Good landowner/sportsman relations have the potential for great rewards to both parties. Landowners have the opportunity to get some help managing game populations that reside on their land, and sportsmen can enjoy first rate hunting opportunities. Hopefully, by understanding the situation of the landowner and by respecting him and his land, sportsmen can assure themselves of years of hunting.

Reprinted by Sportsmen’s Access, March 2006 with Permission from MSU Extension Service.

Copyright MSU Extension Service

Sportsmen’s Access Note: We appreciate being granted permission to reprint this article. In Montana, we are very fortunate to have many cooperating landowners that provide opportunities for sportsmen. Whether through the highly successful FWP initiatives such as Block Management Program headed by Montana Fish, Wildlife, and Parks’ Alan Charles, through the hard work of numerous hardworking sporting groups and non-profits, through neighborly ranchers granting permission to individual ethical sportsmen, or through the good work being done by Montana’s Extension Service, great access opportunities are worth the effort and must continue to be developed and nurtured. We all must continue to work together to keep Montana lands open to sporting opportunities. So join us in making this happen by heeding the good advice given in this article.

I am looking for suggestions of ways we, as sportsmen and women, can enhance our relationship with landowners in an effort to keep more private land accessible to the public. I can be reached through this blog post or at jerry@sportsmensaccess.com. I have worked with a number of individuals to develop a database (www.SportsmensAccess.com) that identifies many of these private accessible ranches, including over 9 million acres of ranches that participate in the Montana Block Management Program.