Third Time a Charm; Montana Wildlife Federation Boosts Bridge Access Efforts to Final Win

Monday, April 6, 2009

(Montana Wildlife Federation)


FOR IMMEDIATE RELEASE
- April 6, 2008

Contact: Craig Sharpe, csharpe@mtwf.org 406-458-0227 ext 101, Tim Aldrich, cartim8@msn.com 406-542-3144

Helena - Ten years after Montana's Attorney General announced its interpretation of Montana Stream Access Law that the public had the right to access public waters from public roadway bridges, House Bill 190 passed a final House floor vote of 96-3 and will be codified in the Montana Code Annotated upon Governor Schweitzer's signature.

HB 190 entailed a long, hard, road of collaborative work by Montana Wildlife Federation alongside Trout Unlimited making every effort to finding a common solution involving all stakeholders - which initially included MT Stockgrowers and MT Farm Bureau Federation but later involved MT Farmers Union, MT Cattlemen's Association, and Public Land and Water Access Association - helped by the skillful facilitation of FWP Director, Jeff Hagener. House Bill 560 in the 2005 Legislature and SB78 in the 2007 both failed to pass due to a strongly polarized political atmosphere where farm and ranch groups opposed hunting/angling enthusiasts. The resultant sensitivities may have helped the process.

Significant to the passage of HB 190, credit must go to two significant court rulings: MT Supreme Court decision on Mitchell Slough challenge by Bitterroot Protective Association and District Judge Loren Tucker's Decision on the Public Land and Water Access Association's (PLWA) suit on the Ruby River as well.

Regardless of the fact that some groups questioned or even opposed the need for yet another legislative clarifying measure, especially after the court's decisions, MWF consistently stayed the course to codify the Attorney General's Bridge decision. Executive Director Craig Sharpe stated "we believe the status-quo under the Attorney General opinion and the recent Tucker ruling on the Ruby River did not adequately ensure public access through rights-of-ways state-wide." While support for access issues even by other sportsmen's groups was wavering, MWF and its 23 affiliated sportsmen's clubs persistently sought this statute clarifying public access to streams and rivers from public rights-of-ways. Sharpe goes on to say "having anglers, river recreationists and local sportsmen's clubs expressing their opinions loud and clear whenever a public forum presented itself as well as letters-to-the-editor, and personal communications during the election cycle made a huge influence on the success of HB 190." MWF and its many members sent hundreds of emails, appeared and provided testimony at hearings and made just as many phone calls and should be proud of their participation in making HB 190 a historic reality. 

Representative Kendall Van Dyke of Billings, carrier of the bill, recognized in the Senate F&G Committee hearing the "due diligence to bring all parties to the table" and repeatedly urged support from both sides of the aisle. "Years and years of ideological differences and partisanship drove an enormous wedge in this issue" said Van Dyke speaking to legislators, "in HB 190 we have removed partisan politics from the debate."

"Montana sportsmen believe HB 190 is a win-win Montana solution and a non-partisan solution, as it should be," states MWF President Tim Aldrich of Missoula. He goes on to say: "public access, like public wildlife and wildlife management crosses party lines and is non-partisan by nature. After years of bickering, all Montanans will benefit from the efforts of our sportsmen and women staying involved in the process."

MWF extends its deepest gratitude to the participants on the working group, to Hugo Tureck, PLWA, Bitterroot Protective Association, the many citizens who communicated with their legislators and especially to Rep. Kendall Van Dyke, Sen. Jim Shockley, Sen. Jeff Essman and those Legislators who supported HB 190.

For more information, visit http://www.montanawildlife.org or call 1-800-517-7256.

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