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Editor 03-17-2011 09:01 AM

AFFTA Stands Against Montana's HB309
This is a dedicated thread for discussing article: AFFTA Stands Against Montana's HB309

Frank Whiton 03-17-2011 09:06 AM

Re: AFFTA Stands Against Montana's HB309
Hi Everyone,

This story just touches on the fight going on in Montana right now. Even though the Montana State Supreme Court has already ruled that the public has access to Montana's streams, land owners are trying to get around the ruling. Utah fought a similar law and lost the battle at least temporally. State trespass laws effect everyone who fishes in that particular state no matter where you live.


FlyBum 03-17-2011 10:28 AM

Re: AFFTA Stands Against Montana's HB309
I just really have a problem with anyone should be able to restrict access to a natural accuring stream or river regardless whether it is navigable or if crosses through private property. I simply do not beleive any individual can own such a property and therefore has no right to restrict access. I beleive that there should be a public right of way area anywhere there is a natural water course and not only on the water itself. However I do not believe any land owner with property butting up to whatever the public area is should be required to be responsible for the up keep of that public right of way area. So in my opinion the defeat of this law is absolutely critical and its passing would IMO be a violation of all of our rights as U.S. citizens. Let me say as a former agricultural land owner I believe rights of land owners and the right to own and control private property, but I also beleive there should be some limits to those rights such as I describe above.

dogfly 03-17-2011 05:34 PM

Re: AFFTA Stands Against Montana's HB309
I agree that streams should be open to everyone. If it was born and died on that personís property then we have to ask. We should be able to walk and wade the stream from a public access point.
I have a trout stream in my back yard. Normally one asks permission to fish it. However if there is a fisherman on the stream, I donít care if he stays there all day as long as he does not mess up the place. Trout normally come up to my property only when there is lots of water after a good rain Ė saw a nice brown yesterday.
Then there are (less than 1%) who donít care about the stream nor property. They leave the place a mess; even throw garbage into the stream. If it continues Iíll close it down to all just for a few lousy dopes. Then they think that my property is an access point without asking. If someone gets hurt, itís pretty rocky going down to the stream, theyíll end up suing me, I DONĒT NEED THAT.
Laws have to change to protect the property owner from liability and have a special stamp to catch lawyers (no catch and release), in addition to a trout stamp
I believe that we all should have access. Again itís the liability that gets in the way.

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