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Party-line votes killed access bill

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Montana anglers and recreationists should be aware that bloc voting along party lines affected access to Montana's public waters.

A case in point is HB560, a bill introduced into the Montana House of Representatives by Rep. Paul Clark (D-Trout Creek). This bill was drafted with extensive consultation with the Montana Association of Counties, Trout Unlimited, Montana Fish, Wildlife & Parks, the Audubon Society, Montana Wildlife Federation, Fishing Outfitters of Montana, sportsmen's groups, and representatives of Governor Schweitzer and Attorney General McGrath.

This bill would have enacted provisions guaranteeing rights of the public to gain access to streams and rivers at a public bridge, its right of way or abutments. To ensure public safety, the bill would have allowed counties to put on some restrictions or conditions as necessary.

The bill would have also allowed people recreating on a waterway to portage around barriers needed for land or water management. In addition, it would have given Montana Fish, Wildlife and Parks (FWP) authority to investigate whether a fence, barrier or other obstruction located in a stream or body of water constituted a threat to public safety or property. If so, FWP would have authority to direct a landowner to remove the barrier, or failing that, FWP could remove or modify the barrier so that it wouldn't threaten public safety or property.

In the 20-member House committee for Fish, Wildlife and Parks, the bill was stalled by a deadlock of 10 Democrats voting in favor of reporting the bill to the full House and 10 Republicans voting against. An attempt to 'blast' the bill out of committee, requiring a 60 percent majority, failed by a vote of 54 in favor to 46 opposed. Thus, the bill died.

The House FWP committee includes three Republican representatives from Bozeman who all voted against the bill. They are Scott Sales, Roger Koopman, and Bill Warden. Joining them from Billings was Don Roberts; from Helena, John Ward; and Missoula, John Balyeat. It's interesting to note that Sales, Koopman and Warden identify themselves as members of the National Rifle Association, and ostensibly interested in hunting and fishing rights. Koopman is also a member of the Rocky Mountain Elk Foundation. Note: Representative Warden did vote with the insufficient majority of the House to blast the bill out of committee.

The Republican legislative leaders complained when Governor Schweitzer confronted them for their lack of willingness to engage in bipartisan cooperation in getting meaningful legislation passed in this legislative session. Nevertheless, at the crossover deadline, some 62 bills died, 49 of which were sponsored by Democrats.

As President of the Montana Coalition for Stream Access, I would suggest that anglers, hunters and other recreationists should hold their legislative representatives accountable when they ignore the many letters, phone calls and e-mails from their friends and neighbors back home and vote against enabling citizens to exercise their right to legally gain access to Montana's waters.

Tony Schoonen of Ramsay is president of Montana Coalition for Stream Access.

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