HOUSE BILL NO. 292
INTRODUCED BY D. FUCHS
AN ACT CREATING THE FISHING ACCESS ENHANCEMENT PROGRAM TO PROVIDE INCENTIVES TO LANDOWNERS WHO PROVIDE ACCESS TO OR ACROSS PRIVATE LAND FOR PUBLIC FISHING; INCLUDING FISHING ACCESS ENHANCEMENT WITHIN THE SCOPE OF ISSUES THAT MAY BE CONSIDERED BY THE GOVERNOR'S REVIEW COMMITTEE ON PRIVATE LANDS AND PUBLIC WILDLIFE; AMENDING SECTION 87-1-269, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE AND A TERMINATION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Fishing access enhancement program created -- private landowner assistance to promote public fishing access -- rules. (1) The department may establish programs of landowner assistance that encourage public access to and across private lands for purposes of fishing and may adopt rules to carry out program purposes. Rules may address but are not limited to incentives for private landowners who allow public fishing access on or across their lands, where legal access does not presently exist. Participation in the fishing access enhancement program is established through a cooperative agreement between a landowner and the department, including other resource management agencies when appropriate, that allows access for public fishing with certain restrictions or use rules.
(2) The department may also develop similar voluntary programs that are designed to promote public access across private lands for fishing purposes.
(3) Participation in a program established under subsection (1) is voluntary. Programs may not be structured in a manner that provides assistance to a private landowner who charges a fee for fishing access to private land that is enrolled in the program or who does not provide reasonable public fishing access to private land that is enrolled in the program. The commission shall develop criteria by which tangible benefits are allocated to participating landowners, and the department may distribute the benefits to participating landowners.
(4) Funds from the account established pursuant to 87-1-605 may be used to purchase or lease public fishing access at county road bridge crossings or for necessary parking facilities, trails, or ramps to facilitate fishing access to public waters at bridge crossings.
Section 2. Fishing access enhancement program -- benefits for providing fishing access -- cooperative agreement -- factors for determining benefits earned -- restriction on landowner liability. (1) As provided in [section 1], the department may establish and administer a voluntary program to enhance fishing access. The program must be designed to provide tangible benefits to participating private landowners who grant access to or across their land for public fishing.
(2) A contract for participation in the fishing access enhancement program is established through a cooperative agreement between the landowner and the department that will guarantee reasonable access for public fishing, which may include leases, easements, or rights-of-way to rivers, streams, ponds, or lakes on the landowner's property and leases or easements for access along the banks or shorelines of rivers, streams, ponds, or lakes on the property. Landowners may also form a voluntary association when development of a unified cooperative agreement is advantageous. A cooperative agreement must contain a detailed description of the plan developed by the landowner and the department and may include but is not limited to:
(a) fishing access management, which may include off-road parking, foot trails, and vehicle access roads;
(b) services to be provided to the public;
(c) landowner property rules and other restrictions;
(d) any other management information to be gathered, which must be made available to the public; and
(e) notice to adjacent landowners.
(3) If the department determines that the plan referred to in subsection (2) may adversely influence fish management decisions or fishing habitat on public lands, then other public land agencies, interested sportspersons, and affected landowners must be consulted. An affected landowner's management goals and personal observations regarding fish populations and habitat use must be considered in developing the plan.
(4) The commission shall develop rules for determining tangible benefits to be provided to a landowner for providing public fishing access. Benefits will be provided to offset potential impacts associated with public fishing access, including but not limited to those associated with general property maintenance, conservation efforts, weed control, fire protection, liability insurance, roads, fences, and parking area maintenance. Program priority must be given to properties that provide the greatest fishing access for the lowest costs. Factors used in determining benefits may include but are not limited to:
(a) the number of days of public fishing provided by a participating landowner;
(b) fish habitat provided; and
(c) access provided to adjacent public lands.
(5) Benefits earned by a landowner under this section may be applied in, but application is not limited to, the following manner:
(a) A landowner may receive direct monetary compensation for providing fishing access.
(b) A landowner may direct weed control payments to be made directly to the county weed control board or may elect to receive payments directly.
(c) A landowner may direct fire protection payments to be made directly to the local fire district or the county where the landowner resides or may elect to receive payments directly.
(d) A landowner may receive direct payment to offset insurance costs incurred for allowing public fishing access.
(e) The department may provide assistance in the construction and maintenance of roads, fencing, gates, and parking facilities and in the signing of property.
(6) The restriction on liability of a landowner, agent, or tenant that is provided under 70-16-302(1) applies to a landowner who participates in the fishing access enhancement program.
Section 3. Section 87-1-269, MCA, is amended to read:
"87-1-269. (Temporary) Report required -- review committee. (1) The governor shall appoint a committee of persons interested in issues related to hunters, anglers, landowners, and outfitters, including but not limited to the hunting access enhancement program, the fishing access enhancement program, landowner-hunter relations, outfitting industry issues, and other issues related to private lands and public wildlife. The committee must have broad representation of landowners, outfitters, and sportspersons. The department may provide administrative assistance as necessary to assist the review committee.
(2) (a) The review committee shall report to the governor and to the 57th 58th legislature regarding the success of
various elements of the hunting access enhancement program, including a report of annual landowner participation, the
number of acres annually enrolled in the program, hunter harvest success on enrolled lands, the number of qualified
applicants who were denied enrollment because of a shortfall in funding, and an accounting of program expenditures, and
make suggestions for funding, modification, or improvement needed to achieve the objectives of the program.
(b) The review committee shall report to the governor and to the 58th legislature regarding the success of the fishing access enhancement program and make suggestions for funding, modification, or improvement needed to achieve the objectives of the program.
(3) The director may appoint additional advisory committees that are considered necessary to assist in the implementation of the hunting access enhancement program and the fishing access enhancement program and to advise the commission regarding the development of rules implementing the hunting access enhancement program and the fishing access enhancement program. (Terminates March 1, 2006--sec. 6, Ch. 544, L. 1999.)"
Section 4. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 87, chapter 1, part 2, and the provisions of Title 87, chapter 1, part 2, apply to [sections 1 and 2].
Section 5. Effective date. [This act] is effective March 1, 2002.
Section 6. Termination. [This act] terminates March 1, 2006.
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