Stream Access (This one's going to the papers)

Dear Editor:

My name is Miles Davis C*leman and I was born in a pink, single-wide trailer just outside of Frenchtown, Montana. My dad bought me because I was the first one of the entire Labrador litter to inspect and eventually nibble on the head of the drake mallard that was hung in the pen by a bungee cord. I am not a big fan of intelligent design, but the first smell and then taste of that mallard was a little bit of heaven that I’m not sure Darwin could explain.

I am now 11 years old (77 in dog years), epileptic, slightly incontinent, mostly blind, mostly deaf, my dad will tell you that I have a squeaking problem and I have had six months to live for the last seven years. This is my favorite time of year. It is waterfowl hunting season. My dad told me last hunting season that it was my last, so I bit him. I can still hear the blast of the gun go off, I can still see the enticing splash in the water, and I live for retrieving birds.

The reason why I now feel the need to express some disdain is because a few weekends ago we were waterfowl hunting on the Missouri River. My dad was in the process of picking up the decoys when he was approached by an individual in a white cowboy hat and Wranglers. The cowboy told us we were trespassing, that the land we were hunting on was leased to an outfitter, and people had to pay to hunt there. My dad, with a sharp tinge of angst in his voice, told the individual that we were hunting below the ordinary high water mark, therefore were not trespassing, and we certainly did not have to pay anyone to hunt on the Missouri River. Then my dad asked the individual if he had ever heard of the Montana Stream Access Law or the Montana Constitution.

After a bit of discussion and disagreement, the individual said that he was going to call the game warden. My dad’s response was that he would love to speak with a game warden. In the end, my dad called the game warden who verified that it was completely legal for us to be waterfowl hunting within the ordinary high water marks of the river. I found it a bit disparaging that a hunting outfitter did not have a working knowledge of hunting laws. He must have been taught hunting laws by the same instructor that teaches river and fishing etiquette to outfitters.

Considering the increase in trophy homes along Montana rivers and the prison like fences that are getting constructed across them, I believe hunters, fisherman, and all people who recreate on rivers should be informed of the Montana Constitution and the Montana Stream Access Laws.

The Montana Fish Wildlife and Parks website provides the following summary: “Under the Montana Stream Access Law, the public may use rivers and streams for recreational purposes up to the ordinary high-water marks. Although the law gives recreationists 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.”

The Montana Constitution provides the basis for the Stream Access Law. Article IX, Section 3 of the Constitution states, “All surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.”

Although the following section was not added to the Montana Constitution until 2004, I believe it is applicable to and strengthens the Stream Access Law. Article IX, Section 7 of the Constitution states, “The opportunity to harvest wild fish and wild game animals is a heritage that shall forever be preserved to the individual citizens of the state and does not create a right to trespass on private property or diminution of other private rights.”

The Montana Stream Access Law, which is located in Section 23-2-302(1), Montana Code Annotated, provides that all surface waters that are capable of recreational use may be so used by the public without regard to the ownership of the land underlying the waters.

There is a lot more to the Stream Access Law than what is stated above and there are a lot of exceptions, so before you flex your legal rights, I strongly recommend you get on the internet or go to the library and read the entire law. Interestingly enough, you can’t find it on the FWP website. Here is one link to it: http://data.opi.state.mt.us/bills/mca_toc/23_2.htm

Please keep in mind that residents of Montana have to keep a close watch to ensure that the politicians are working for all Montanan’s recreational access needs and not catering to the whims or should I say whines of the wealthy nonresident landowners or the outfitters who are trying to cash in on our resources. In the last legislative session, Republican legislators tried to pass two Bills that would have impeded or revoked Montanan’s ability/right to recreate on state waters. Thankfully, Democrats were able to kill these two Bills before they became law.

House Bill 129 was sponsored by Joan Anderson, a Republican from Fromberg, which would have provided landowners the ability to petition FWP to enforce no shooting zones around their trophy, river front homes. What were you really trying to do here Representative Anderson? There are currently laws in place that prohibit hunters from shooting in an unsafe manner around houses. I don’t mean to sound cynical, but it’s my understanding that people have been hunting, fishing and trapping on Montana Rivers and streams long before there were homes along them. If people do not like hunting near their property, then maybe they should not have moved out of city limits.

House Bill 260 was sponsored by William Jones, a Republican from Bigfork, which would have made all non-motorized boat owners that use state owned river accesses pay an annual fee to license each one of their watercraft. Why don’t you tell us how you really feel about all those kayakers on the Mad Mile, Representative Jones? Considering we had to wait for three different outfitter groups to launch their rafts on the Clark Fork River this summer and had an outfitter race past our boat to get to a prime fishing hole on the Missouri, it would seem that Montanans should not be the ones to incur extra costs to use a river access. Maybe the people that are causing the overcrowding and making money off of these state owned sites should be the ones to pay the fees.

It certainly appears from these two Republican sponsored and supported Bills that Republicans are not working for the average Montanan. I know that my dad can’t afford a house on a river and, even without having to pay annual per boat licensing fee, has to save up money to recreate on rivers on the weekend. I just hope that the Democrat Legislators continue to fight for recreational access so that my dad, people like him and other retrievers will know the joy that comes from recreating on Montana Rivers and streams.

How the C-mans spent the Holidays

Festivus rules:
1. Festivus Feast
2. Airing of Greviances
3. Feats of Strength
4. Festivus ends when the head of the household is pinned.



It took three of us to get him down, plus the Doo had to blind side him, but we got 'er done. It is sad when a good thing ends, but thank god it is over, my liver is the size of a basketball. On to New Years!

Middle Fork

Well I finally got some pics from Silvio from our MF trip. There is also one of Silvio creekin somewhere in Cali. Just so all you bastards know, I'm in LA, it's Xmas eve and it was 80 degrees today! Merry Christmas!

Yeah.........it's cured.

Got's me a stiffy.


F@*kin' cold round heeyah.

Bad Politics

As my husband always says, the Dems should fight and die on the issue of hunting, fishing, public access. Maybe they heard you, dear.

Max and Brian are standing up for YOUR access by opposing a completely bullshit addition to a budget reconciliation bill currently being considered by OUR Senators. These "Miscellaneous Amendments Relating to Mining" would allow the federal government to sell of public lands in order to make some quick cash and reenergize mining in the West. This makes sense at first, but when you read further into it, it is bad, really bad. First of all, it will lift a moratorium (all hail Clinton) on allowing companies or individuals to patent or buy a mining claim on public land, under the 1872 Mining Act. There is no requirement that these patents have mineral verification and it does not mean that these patents can not be turned around and sold to developers for resorts, golf courses or for subdivisions. Essentially cock blocking thousands, nay millions of acres of public access. They did raise the price of the mining patents from a $2.50 per acre to $1,000 per acre. That is a good price considering the locations of many of these mining claims (pristine forests).

Western governors are banding together to get this piece of crap removed from deficitecit bill and save our public lands for the public. But hey, if it passes, can I borrow $100,000 from anyone?

What can you do? E-Mail Max and say "thanks" for stiking up for Montana's best interests by eliminating Subtitle B from H.R.4241.

Call up Brian and tell him how much you appreciate him.

And if you still feel spicy, get Conrad on the horn and tell him that you are going to start voting for Democrats if he doesn't stick up for access to public lands. Oh and while you are at it, tell him to give Abramoff's money back.

You could try getting a hold of Denny to tell him disappointednted you are in him for voting for this kind of crap, but I am afraid it will be to no avail.

"GIT ER DONE"

The terd photo was tough to look at, and was offending my wife, so I went for something more inspirational...

Everybody always gives me crap about being a planner, but it is getting to be that time of year again. Come December 1, it is Lottery Season and for the love of God, Buddha, the Goddess, or whoever else you pray to, someone please get a stinking Selway permit, or a lower water Middle Fork permit so we can embrace the fishing and maybe even remove our hands from the oars to take a sip of beer every once in a while.

Anyway, here is the link to the permit application information http://www.fs.fed.us/r4/sc/recreation/4rivers/index.shtml fill one out and send it in. Remember, you can’t win if you don’t play.

By the way, nice buck Zach! I am not sure how many of you are aware, but I got a Middle Fork Permit for over Memorial Day. Last years trip was great, but I sure as hell do not want to be the TL for a 20+ person trip. So come April, I will post a blog and then the first 10 nonrefundable deposits that I receive will be the folks that are going. Five nights and most likely five boats. Coincidence, I think not.

Zach's Redemption

Zach hunted 51 days and 20 minutes
for this bruiser.













He took two weeks off during elk rut, and had a spike camp at 7500 ft.













We had a blast on the front this week. Five hunters, seven whiteys, four gallons of booze- well...you get the idea.

5-point whitetail

this buck came clear across from the cottonwood trees in the background
to within 225 yds.
artie

Mikey's Bday

This is Mikey's little bday buck. It was a great morning up the Blackfoot.

















Look........there's one! Best damn hunting blind I ever sat in! Thanks Steve!!!

Hntn

We rolled out of the inversion at about 5:15, not that the fog cleared but at least it didn't stink. Our new radio station was playing some Marley, things boded well. The Bonner truck stop was busy as a hive. Fluorescent lights gave an '80's sci-fi glow to the camo-and-blaze-orange clad fellas. Some poop juice in our mugs, we headed up 200 to location X in a little red Toyota that managed to stay upright.

Paddling a canoe across a black river on a foggy morning is fun. Kinda like ice skating with your eyes shut. Zach and I climbed the frozen bank, scrambling a bit on the frozen mud, and headed west on the frozen logging road.

The high pressure cycle plaguing us has turned the snow to not-so-sneaky crust. We were about as quiet as a fuckin' herd of elephants as we made the mile or so to the bottom of the draw we wanted to hunt. Since we both had A tags in our pockets, we decided to split up so there wouldn't be any bickering over who would shoot, not that we ever have before.

Blah blah blah, long day, no damn deer. At about 3, I decided I had better get my ass to a good spot to sit for the evening. Running down a snowy ridge with a gun is something your mother would probably advise against. About 1800 vert and two miles later I plopped down in my spot sweating my ass off. Oh well. I could see about 40 acres of sparsely timbered hillside above the river and I could hear even the squirrels walking on the crunchy snow.

The first buck was a biggun'. I heard him and turned to put him in my scope. He was weaving in and out of the thicker timber uphill from me, unaware of my sweaty self. The second time I saw him I put up, but he was still moving. I looked over my scope, saw him again and looked back into a foggy scope I had just managed to breath into. Damnit, he was gone.

Three, literally three, minutes later I heard another one, downhill from me this time.

Now as an aside, because I can already hear the shit I'm gonna get for this, I've had a cursed hunting season. Wrecked truck, bad schedule, battling elk, the works, so I had determined in the interest of feeding myself to shoot whatever the hell I could. So piss off Mikey.


Anyway, the whitetail spika was feeding at a slow pace. I rolled onto my side but couldn't get the butt onto my shoulder. Fuck it, I shot anyway. Yup, missed. Nice eh? Well young deer being just that, he didn't go anywhere, but looked around in confusion. This time I was standing and shot off hand. Zipped him dead nuts. He took off running and waiving his truce flag for the last time. When he hit the ponderosa head on, it sounded like two bolling balls clocking together. I raised an eyebrow at how hard he hit the damn thing. When I got down there, I saw he had snapped one of his cute little horns off on the trunk and it was sticking straight out of the tree. Doingoingoing, cartoon style.

Easy drag, easier paddle, short wait for an unsuccessful and downtrodden Zach and we were headed back through the pea soup to Zoo town. Sorry no pics, but here's one of our Gorge weekend. Thought it might help warm some folks up this turkey day.

Suburban Elk Conflict

Suburban Elk Conflict (read the whole story)

Tyler Maxwell shot his six-point bull elk Monday morning on Bureau of Land Management property on Saddle Mountain near Montana City.
But the sound of Maxwell's early morning shot also resonated through the home of Tim Plaska, whose 18-month-old grandson was eating breakfast about 50 yards away from where Maxwell took his shot. Plaska, who believed it was illegal to fire a high-powered rifle within a quarter mile of a house, called game wardens. What Plaska found out surprised him. There is no restriction, and it was a legal kill, Plaska said. In fact, Maxwell followed all the basic safety procedures in taking down the elk on public property, according to game warden Mike Ottman with the Montana Department of Fish, Wildlife and Parks. Obviously, when a gun goes off in close proximity to houses, people will be startled, Ottman said. But I followed their footprints (in the new-fallen snow) and where he shot and the direction he shot wasn't an issue. I went up there to make sure everything was done properly, and it was. It's completely legal on BLM land, and that's it in a nutshell.

Still, as more homeowners move into outlying subdivisions touted as “bordering public land,” the residents are surprised sometimes when elk and deer hunters show up close to their homes during the five-week big game hunting season in the fall. . .

“… The larger issue here is when you get into situations of the historic range and development encroaches, what do you do?”

Don't get me wrong, I am NOT a hunting advocate, but if you want to live in the country you had better get ready for some wildlife, you had better get ready for guns. People, living in these subdivisions is DIFFERENT than living in the city. The roads are dusty, your neighbor's cows smell like shit, their ATVs are dusty, and when you live next to public land, there may be hunting. Working in Enforcement, I wished that I could have sent the Code of the West out to people like Mr. Plaska.

I do feel for the guy though, you have to live with the hope that hunters are responsible and safe. Then you read about things like this. This dude's horses and mule were shot and quartered - with what they think was a chainsaw. They suspect idiot hunters. Not ALL hunters are idiots, but there are a lot of idiots out there and some of them have high powered rifles, just ask E.C. about his good buddy George. What, an IQ test prior to buying bullets? Afterall, guns don't kill people, bullets do.

Deer steaks in the duck blind.

It is good to be a state employee

Mikey, be prepared to get super bitter, because my new state job is so awesome. And I got a raise.

Hiking in the Cabinet Wilderness looking for pyrite and silver deposits on quartz.














My "summer home" on the Frohner mine near Park Lake outside of Helena.














Contimplating my attendance at USC (it is a bar). I wonder if they require the GRE?














Like I said, it is good to be me.

Huntin Season

Wilma pup in the SS Ganzer Damn doe ran across the river
Birthday Buck

Grizzly Man

If you want a good laugh go see this movie.

Tim lived with bears for 13 summers and the movie is a summary of his last 5 summers spent living amongst the bears, foxes and bees. Ed's summary of the movie was "I would have beat him up just on principal." My personal favorite part of the movie was when he discovered that people had left death threats for him at his camp. Death threats such as smiley faces and things like "Hi Timothy." Oooohhh scary.


Not shockingly, he and his girlfriend were eaten by a Grizzly.

GRIZZLY MAN explores the life and gruesome death of amateur grizzly bear expert and wildlife preservationist Timothy Treadwell. The film is a powerful cautionary tale about modern man’s relationship to wild nature as it follows Treadwell’s journeys to Alaska, where he lived among the grizzlies and grew to love them. Treadwell’s crusade to defend the grizzlies tragically ended when he–and his girlfriend–were attacked and killed by a rogue grizzly in October 2003. GRIZZLY MAN is a gripping and epic adventure story in the tradition of Jon Krakauer’s classic Into Thin Air and Into the Wild.

groovin on the Grand

spending some quality time. Anyone want to float the Beartrap Sunday the 16th. call 449-7506, leaving at 8:00A.M. from Helena Albertsons on 11th. artie

Our Leader

I thought that everyone out there ought to see what really went on after the storm. A lot of baitfish that got blown in to downtown so the fishing was really good!!!

I tried posting this last week but had technical issues.

Hope everyone out there is doing well and preparing for a long cold winter, hopefully full of blood and carnage. Eddie, what is the deal in Helena for opening weekend, should I think about traveling that direction.

Geoff and I will be going to Tiber Res. on the fifteenth for a few days hunting and fishing for walleye. Geoff is driving to Minn. tomorrow and will be purchasing a duck boat, or should I say George will be purchasing geoff a boat, must be nice..

Can I just say how funny this is?

Working for the Gov. has its perks - hilarity.

http://hr.mt.gov/Benefits/Wellness/hunterfitness.asp

No Beartrap This Weekend!

Sad.
Apparently it is going to be cold. I can't believe that whitewater season is - gulp - over. There won't be a Lower Salmon/Happy Birthday Auto and Ed/Chucker Killin' float either. I am not ready to give up rafting for this year! I even think I can see my line through Kitchen Sink. Instead of running the Bear Trap, Ed is trying to get me excited to help him build duck blinds this weekend. He told me that not only would it be fun, but we would be getting exercise. I am pretty sure that if you look up "fun" in the dictionary, there is a photo of a duck blind.

I guess killing season has begun, which for me means lots of time to myself season otherwise known as home project season. . . Montana seasons: whitewater season, hunting/house project season, ski and snowboard season and then back to whitewater season. Six months - people.

Oh and a quick S.S. Ganzer update - it was $$ on Hauser the other night. We even figured out how to run it in shallow water. You duck hunters are in for a lovely surprise. Those custom rivets that T.S. Dave did himself hold back the water, for the most part - there are only two that leak - but its not too bad.

Cheers to Killin' season, see you soon in H-Town.

The Missouri is one cold hard bi*ch

Sorry about the lack of photos on this post, but there was nothing to take pictures of - seriously.

Saturday we took the new john boat, our spin rods, our concubine and a shit load of beer down to super secret spot on the Mo. We spent about an hour just trying to figure out how to tilt the new 9.9 Merc up so that we didn't drag Ed's new baby across the rocks as we launched the SS Ganzer. I won't go into all that this involved, but thankfully we found the correct handle before the Merc was dismantled. Good thing Ed had the foresight to purchase some oars. . . I spent more time rowing than the Merc actually ran. Oh - the Merc runs just fine, great even, until it hits rocks in the bottom of that shallow ass river. The best was the redneck/hippies who got a front row seat to our hijinks. Their commentary was priceless. One for the Mo, zero for team Coleman. Does anybody know how much props cost?

Sunday - driftboat hopper fever. We floated from Canyon Access to Pelican Point. The scenery was shockingly beautiful and the number of boats on that stretch was minimal. . . except for team Great Falls methheads in their Coleman rafts catching 24" rainbows on a spinner rods (and GASP, keeping them.) We kept an eye on them while we caught algae fish worthy of the Guinness book of world records. We could hear the hoppers, there was even some sightings, but there was no fish, no risers, no nothing. I exaggerate - slightly, we had two hits, but didn't land them. It couldn't be our fishing skills. . . no. . . it was the heat, the sunny day, the water, the fact that those damn Mo fishies are so f-ing smart. It's not fair! I wanted Fat Daddy Missouri Brown so bad, I could smell him. I MUST find solice in the fact that I didn't loose any flies and our concubine took her first lesson in rowing. That makes the score 2 for the Mo and zero for team Coleman.

That is the thing with the Missouri, no matter how many days I get skunked or catch only uncle whitey, I crave more. I am in an abusive relationship with this river, she kicks my ass and I can't wait to come back for more. There is this amazing warm fuzzy feeling that washes over me when I step into the Trout Shop in Craig - I know that I am home.

Monday we didn't even bother fishing, we spent the morning reading and drinking coffee on the deck of the cabin overlooking that cold hard bi*ch. She could take no more from me that day.

"Damn darlin' you are as good looking as you are mean. See you soon."

Innovative drunkenness

Few thought it could be done, but the drunken duo had a dream.








After accomplishing the aireal they decided to go sub-surface. >













Nanner takin' the meat. Margy lookin' nervous.








Ahh, what a day (don't mind the clear cut).

Memories

This was the trip with two swimmers, Zach you were one of them but you deserve a lot of credit for doing the water walk/run to get back in your boat. Do Not Leave your Boat. These pictures were taken with Liz' friend Kristen's camera, who took them I do not know. I thought these pict's could bring back memories for any of you thinking of running the Trap this weekend. I unfurtunetely have run out of vacation days for atleast another week so will not make it this weekend. If you postpone it to next weekend, count me in.


Who is BDOC?

Main Salmon

Despite a few flaws in the system this trip was a blast. I hope that this is the last time we forget anything and the last time illness competes with our drinking/eating. For the record there were three full propane canisters leftover, and of course two large tanks that were full. Where is the FM Modulator? All and all, what a great time. Here's some pictures of a few boats getting wet.

LOVE is in the AIR!

JENKINS and JON-O are GETTING MARRIED!

This is the message I got as we got off of the Main Salmon - "Hey it's me, I wish I was with you guys, but instead I am here in Butte, hanging out with my FIANCEE! We got engaged! I am drunk!"

Congrats Kimmy Jo Jenkins! He is quite the catch. . .

Cookin' on the CF

This was a classic redneck voyage. Rolled into camp the first night with a shotgun and .44 being fired into the peacefull sky. Got a gander at the topless beach in St. Regis...don't know what happened to those photos.

SF flathead

Up high on the SF

SF Flathead

Couldn't look at raw sewage anymore, had to change the spotlight. Look at the scar on this fish.

This Will Offend

These are photos of raw sewage being discharged out of Red Lodge's Municipal Waste Water System into a creek.

Below is the content of a letter that I am going to send tomorrow. Both could be found offensive


Director
Montana Fish Wildlife and Parks
P.O. Box 200701
Helena, MT 59620

RE: Outfitters Overwhelming Rivers and Fishing Access Sites

Dear Director:

I am writing you today as a citizen of Montana and an outdoor enthusiast to point out to you that some outfitters are overwhelming and overrunning Fish Wildlife and Parks River Access Sites and the rivers that so many of us enjoy. I am not anti-outfitter. I believe that everyone should be able to enjoy Montana’s rivers and outfitters provide these services as well as provide jobs to college kids and others. However, I believe that outfitters should be setting the example for proper stewardship and river etiquette and not be abusing the resource purely to make money. If you believe any of the statements in this letter are unfounded, I beg of you to head to a river one of these summer weekends without your FWP gear on and see for yourself.

Some years ago, on a nice summer weekend, my friends and I floated the Alberton Gorge on the Clark Fork River from Cyr Bridge to Tarkio. As usual, on a beautiful weekend, the parking lot at Cyr was filling up and outfitter busses/vans were pulling in and unloading customers for a day on the river. I found out that day that it is standard practice for most outfitters to use the small parking lot/put-in as a staging area for their customers to use the restroom, get their gear on and listen to a safety talk. This usually consists of 20-30 customers per outfitter standing around for about 45 minutes while the guides take the boats down to the water or pile them in the parking lot causing congestion in both the parking lot and at the river’s edge.

After finally being able to bob and weave our boats through the outfitter’s customers, around the busses, the paddles and the piles of life jackets, we launched. Our next intended stop was Fish Creek (one of the nicer places to have lunch on the river) to have lunch and possibly fish. When we arrived at Fish Creek, there was an outfitted group leaving and two guides from a different outfitter were setting up lunch for when their customers would arrive. It is my understanding that it is a common practice for the outfitters to launch a lunch boat early to set up at Fish Creek, thus preventing/limiting private boaters from being able to enjoy a nice lunch/fishing spot on the river.

When we arrived at the take-out at Tarkio, there were a bunch of boats eddied out waiting their turn. It was a beautiful day, so waiting wasn’t such a bad thing. A few minutes later an outfitted trip by-passed all those waiting to take out, paddled right up onto the boat ramp and flagged for their van to come down. I got out of my boat, expressed my disdain and educated the head guide about proper river etiquette. They moved the boats.

On a recent Saturday, I was float fishing the Missouri River near Craig. The river was so congested that you had to look around to make sure that you weren’t going to snag another boat with your back cast. I even had one guide row passed me to beat me to a fishing hole. It is also my understanding that when the rivers blow out in the spring, all of the guides from the Missoula/Bozeman areas come to the Missouri to float below the dam.

The reason why I write to you now about this problem is because every time I go floating, the problem seems to be getting worse and I have viewed these outfitter abuses on most rivers in Montana. In the 2005 Legislative Session, HB 260 was drafted, but did not pass. Had it passed, one would need to have purchased an $8 decal for each of their non-motorized watercraft in order to use public boating access sites. The identified use of this revenue was for acquisition, operation, maintenance, and development of water-based recreational sites and fishing and boat access sites. My concerns about this bill are that outfitters run excessive numbers of customers a season through FWP access sites at a profit, and the citizens of Montana were going to have to pay for operation and maintenance expenses. I would imagine that a similar Bill will show up in 2007, so I think proactive steps to find these funds need to be taken beforehand.

I personally don’t like people who complain without justification and without solutions, so I will provide you with both.

My justification lies within the Montana Constitution, which allows:

§ That all persons are born free and have certain inalienable rights including the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways.

§ All surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.

§ The opportunity to harvest wild fish and wild game animals is a heritage that shall forever be preserved to the individual citizens of the state and does not create a right to trespass on private property or diminution of other private rights.

My solutions are as folows:

§ Adopt rules and regulations that make it illegal for outfitters to use FWP River Access Sites as staging areas. Outfitters can provide customers with gear on their own property and then give them the safety talk on the bus ride to the put-in. When they arrive at the put-in, they depart from the bus, grab the boat they are to be in, put it on the river and launch.

§ Adopt rules and regulations that make it illegal for outfitters to send boats ahead to procure lunch spots, campsites, etc.

§ Adopt rules and regulations that make outfitters conduct themselves with proper river etiquette. Outfitters should be the example and not the problem.

§ Adopt rules and regulations that charge outfitters a daily per customer fee to provide FWP income for the necessary operations and maintenance costs of the access sites. If it is an across the board expense, no one will have a competitive advantage.

§ Allow game wardens ticketing authority for violations of any of these proposed regulations.

§ Provide me with information on how one begins the process of getting outfitters and nonresidents banned from certain sections of river during certain days of the week, similar to regulations on the Big Hole. I will gladly play an active role as part of the solution.

I do not think that my complaints are unreasonable nor do I believe my solutions are unreasonable. Since Montana, formerly known as “The L*st Best Place,” keeps getting purchased by wealthy non-resident landowners, we need to preserve our river access and inalienable rights so our rivers don’t turn into the Mitchell Sl*ugh. So I ask Montana Fish, Wildlife & Parks, through its employees and citizen commission, to provide for the stewardship of the fish, wildlife, parks and recreational resources of Montana, while contributing to the quality of life for present and future generations.

I would appreciate a response. If there are others that this letter should be sent to, please provide me with that information as well. Thank you for taking the time to read this letter and address my concerns.

Sincerely,



Groover Eddie

Cc: Governor Schw*itzer