Gastro Gnome - Eat Better Wherever

American prairie. What's the issue?

shoots-straight

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Bitterroot Valley
Not sheep and horses?

Animals Running At Large​

81-4-201. Animals running at large. It is unlawful for an owner or person in control of swine, sheep, llamas, alpacas, bison, ostriches, rheas, emus, or goats to willfully permit the animals to run at large.

Male Equine Animals Not To Run On Open Range​

81-4-204. Male equine animals not to run on open range. It shall be unlawful for any owner, person, firm, corporation, or association having the management or control of any stallion, ridgeling, unaltered male mule, or jackass over the age of 1 year to permit or suffer such animal to run at large on the open range.

So as horses go, I guess a Mare would be OK, Bison No.
 

bullbugle307

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810

Animals Running At Large​

81-4-201. Animals running at large. It is unlawful for an owner or person in control of swine, sheep, llamas, alpacas, bison, ostriches, rheas, emus, or goats to willfully permit the animals to run at large.

Male Equine Animals Not To Run On Open Range​

81-4-204. Male equine animals not to run on open range. It shall be unlawful for any owner, person, firm, corporation, or association having the management or control of any stallion, ridgeling, unaltered male mule, or jackass over the age of 1 year to permit or suffer such animal to run at large on the open range.

So as horses go, I guess a Mare would be OK, Bison No.
Any idea why it’s ok to let a mare range about and not the males? I’m ignorant to such things…
 

bullbugle307

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Jul 19, 2018
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I hate the fence out rule. I have undeveloped property in an old subdivision, nestled between three ranches and National Forest. My little place has three unfenced sides other than the one existing fence that’s already there between me and the one ranch. I keep the one fence on my place wildlife friendly and the other 3 sides open. Some of the other folks in the subdivision who border one of the other ranches don’t keep up their fences and cattle get through their places, into the subdivision, and onto mine.

I’ll take the high road and make sure their tore down fences get mended this spring, but I’ve been awful tempted to open the fence on my place and let the cattle from the one ranch wander down onto the other ranch and let them sort it out.
 

Hunting Wife

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Nov 18, 2014
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Almost North Dakota, not quite Canada
Not sheep and horses?
Hodge podge of rules as posted above, but fence out specifically caters to cattle ranchers. Just another way the state helps subsidize the cattle industry.

This latest with the state leases is a complete joke. Bison-owning private landowners that aren’t AP are treated one way, but bison-owning private landowners that are AP get treated differently? I can’t see how this isn’t grounds for a lawsuit.
 

Eric Albus

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May 24, 2012
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Hodge podge of rules as posted above, but fence out specifically caters to cattle ranchers. Just another way the state helps subsidize the cattle industry.

This latest with the state leases is a complete joke. Bison-owning private landowners that aren’t AP are treated one way, but bison-owning private landowners that are AP get treated differently? I can’t see how this isn’t grounds for a lawsuit.
How does “fence out” cater to ranchers??
 

Eric Albus

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I hate the fence out rule. I have undeveloped property in an old subdivision, nestled between three ranches and National Forest. My little place has three unfenced sides other than the one existing fence that’s already there between me and the one ranch. I keep the one fence on my place wildlife friendly and the other 3 sides open. Some of the other folks in the subdivision who border one of the other ranches don’t keep up their fences and cattle get through their places, into the subdivision, and onto mine.

I’ll take the high road and make sure their tore down fences get mended this spring, but I’ve been awful tempted to open the fence on my place and let the cattle from the one ranch wander down onto the other ranch and let them sort it out.
You can do that.
If you don’t like their cattle on your land, fence it. A cost effective solution is to run a couple strands of electric fence.
 

bullbugle307

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You’ve never been around a stud horse? Stud horses are/can be very dangerous.
I believe the answer to your question if found in the second sentence that you replied to where I said I’m ignorant to such things.
 

bullbugle307

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You can do that.
If you don’t like their cattle on your land, fence it. A cost effective solution is to run a couple strands of electric fence.
I can also open my fence and let the two ranches who let their cattle go wherever they please sort it out since that’s how they want to operate. But I won’t do that, I’m the one that’s not a friggin multi millionaire that’s gonna replace fences on other peoples property in the subdivision so I can do what’s best by the wildlife.
 

Nameless Range

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Jun 6, 2013
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Western Montana
I now live where I grew up. A place once rural increasingly less-so, but still mostly range. This isn't me being emotional, as I knew the state of things prior to this happening, my responsibilities, and how things work. I'm just stating some facts to consider.

A few years back I put in a yard and irrigation system - topsoil, sod, pipes, heads. A bunch of cattle wandered in and stomped it when it was brand new, quite literally costing me hundreds if not well over a thousand in damage. So it goes. It is on me to fence them out. I dug that stuff up and repaired it. Currently, I don't have enough scratch to fence off my 3 acres in the wildlife-friendly way I would like to.

In 2001, the Montana state legislature passed House Bill 246, which largely absolves livestock owners from any liability if their critters are on public roadways outside of the interstates and state highways. It was a response to a court decision that went against them. The exception being a gross negligence and a foreknowledge that their livestock is on the roadway. Then they may be held responsible. A few times now, cows have been hit below my home on Corbin Road - a county road with a 45 mph speed limit. Totalling the vehicles and/or killing the cows.

Open range laws are strange, and I understand where they come from, but a Reductio ad absurdum regarding current law would be that if my dog got out of the fence and ran out into the road wearing a blaze orange vest and five foot diameter pink sombrero and someone hit her with their car causing significant damage, I would be liable. If though, my black cow got out of the unfenced pasture I hoped they stayed in on a dark night and someone hit her, liability seems to largely rest on the driver.

It's definitely a sort of favoritism, and maybe in the larger picture makes sense, but let's not pretend it isn't.
 
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