Saving the American commons

BuzzH

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Laramie, WY
To Own the Future or Rent –
Standing Up For the American Commons
All the best fables and fairy tales start with: “once upon a time . . .”

When American nimrods gather in these dawning years of the 21st Century to talk about their hunting opportunities, their recollections of the past usually start with the same words. Once upon a time fields were open and permission freely given. Horizons were limitless and the frontier was forever.

Truth was, once upon a time, an American hunter need only saddle a horse and ride west to find hunting grounds unclaimed by any other Euro-American. Once upon a time, America, unlike the European Motherland, had not been plowed, lumbered, mined, grazed and fenced into private properties for private profit.

Until recent decades, small-town Americans could expect the field at the edge of town to offer a pheasant or cottontail for sustenance of an American dream. As late as 1953, Robert Ruark could write an American sporting classic about just such a childhood recollection in his book: ‘THE OLD MAN AND THE BOY.’

I’ll break no hot news to my readers by reporting that “once upon a time” has not ended “happily ever after.” Today, in The Land of the Free, freedom ends at the next fence and stepping off the sidewalk onto the wrong grass can get you a criminal record.

(Cultural anthropologist Daniel Justin Herman in his book: HUNTING AND THE AMERICAN IMAGINATION wrote: “It is critical to note that seventeenth – and eighteenth-century colonists, far from remaking themselves in the image of the New World, had remade the New World in the image of themselves. “Well may New-England lay claim to the Name it wears,” proclaimed Cotton Mather in 1700.”)

So that’s the way it is. Now we have to deal with it. What path will best lead to future hunting opportunities for all Americans?

Most of the rural and wilderness landscapes in the U.S. have become private property over the course of our nation’s history. In a unique American twist, however, the American people have retained official title to ownership of the wild animals residing within our borders.

On private lands we find ourselves in the highly visible, and much discussed, paradox dealing with split estate – public wildlife on private lands. The millions of acres of land that remains in public ownership, however, offer a different set of challenges and opportunities. There, we the people own the whole asset; it is public opportunity to control and enjoy the asset that falls under constant attack by competing private interests.

My belief is that American hunters must follow two paths at once to find their way to a future in which their place in American society is founded on a secure base of hunting opportunities. On the first path we must negotiate a sharing of the resource with private landowners. On the other path we must assert a public (read political) will to gain access to our public lands and manage those lands and waters in a manner to benefit wildlife and the majority interest of the American people.

Because Montana is just about the last place on Earth to feel the closing of the frontier, the subject of hunting on private lands is still a hot topic. I don’t know what deal will eventually resolve the issue. I do believe hunters will obtain the best outcome by studying and employing the skills of negotiation so mandatory to success in both commerce and governance. Given the realities of law and political legitimacy attached to the various interests involved, a mutually agreed outcome is more likely to favor the majority of hunters than will the product of raw political combat.

I remain personally loyal to Theodore Roosevelt’s principle that hunting in America should remain a fundamentally democratic institution. Hunting opportunities that are attractive and available should be open to any citizen who will seek them regardless of financial or social status. I also trust the rich hunter to take care of himself.

It is for the benefit of the poor family that I speak when I say that America’s public lands are the best hope that hunting will continue to be democratically available to all people.

I do not denigrate the value of negotiable resource sharing ideas like conservation easements and public corridor programs for private lands. Neither do I criticize the currently popular idea of renting hunting access through programs such as state Block Management or the proposed federal ‘Open Fields’ idea (as long as hunters don’t forget the temporary value that is inherent with renting anything).

The fact is that the only hunting opportunity that I can predict with any certainty will be available to my young grandchildren when they are adult will be the opportunities they actually own – the national forests, BLM lands, national wildlife refuges and state lands. Everything else is, by definition, temporary, contingent, and, thus, uncertain. If the experience of other, older states teaches nothing else to Montanans, it is that money always eventually controls use of private property.

For this reason I believe hunters of today should make control and management of public lands the top priority of their efforts to design a democratic and scientifically valid future for hunting in America.

Hunters have been silent too long as efforts to purchase critical wildlife habitats for public ownership have been blocked by private interest competitors. If we don’t buy and hold those assets when they are available, they will be forever gone to development or privatized hunting in the future. Access to public lands and waters has continued to diminish because hunters have not given adequate force to their political will. A typical result is that our Stream Access Law has survived court challenge but our State Department of Transportation can’t be bothered with providing viable access at public bridge crossings.

The next Legislature will decide whether to re-authorize the only state program available to purchase wildlife habitat – Habitat Montana. This small, hunter-funded program has made highly valuable acquisitions for a future that hunters can call their own. One political idea already voiced is that Montana hunters should let the Habitat Montana fund be taken for use in Block Management to rent hunting access. Only Montana hunters who now own their own home but want to sell it so they can rent a house forever should support that idea.

Hunters also are too silent on public land agency management processes that affect wildlife and recreation such as grazing, ORV abuse, logging and land use planning. Participating in decision-making is a responsibility that comes with ownership of anything. A huge shift of power has taken place during the past four years to give private interests more control over public lands; hunters have done virtually nothing about that.

My vision of a future in which all people have opportunity to share in the Montana hunting tradition is centered on well-managed national forests and BLM lands with generous access to boundaries and well-managed road systems within these federal lands.

A major documented barrier to new and young hunters taking up the sport is the longer distances and higher costs of travel imposed by our current situation. A major expansion of state wildlife management areas could place a larger number of smaller publicly owned hunting areas within short distances of more Montana families. Habitat Montana should receive more funding expressly for the purchase of such areas. (And remember, that state lands purchased through Habitat Montana do not go off local tax rolls; the fund pays property tax to local governments.)

For better or worse, 2004 is the year in which Montana hunters must choose which future they will provide for the next generation of hunters – a future of ownership or a future of renting a place to hunt by the day or season. Much of that decision will be made when hunters cast their votes on election day in November.

Once candidates are sworn into office the die is pretty much cast – something to remember when people start knocking on your door to ask for your vote.

Yr. Ob’t Sv’t Ron Moody
 
Very good article in my opinion. He touches a subject that I wonder about. Where my children will be able to hunt in the future.

Lots of things to ponder about. :confused:
 
That definitely gets to the root of the issues and offers what I think are workable (read: reachable) solutions. Hunters on the average need to get more involved, not only with comments and votes, but with actual work and $$$s. Thanks for the article.

BTW, who's Ron Moody, I think I've heard of that name somewhere???
 
Ron has been very active during the drafting of the Upper Missouri River Breaks National Monument RMP. I am one of the team members on the document, so I run into him frequently. Last week I spoke with him at the Resource Advisory Council in Lewistown. He presented public comment both days to the RAC and made points about excessive roads within the Monument, outfitting pulic land where the public does not have equitable access.

The equitable access has been an important point to me during this process and now it seems the public is voicing their concerns as well.

Here are a couple questions for you guys.

Should outfitting be allowed where private landowners control vehicular access to the public lands? Example, there is public land 1/4 mile from the county road, but the landowner controls that private land and the access to ~60,000 acres of BLM land.

We will be removing some of the roads within the Monument or at least placing seasonal closures on some. Here is some background on the road densities within the Monument-

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  • 98-99% of the Monument is within 2 miles of a road.</font>
  • ~83% of the Monument is within 1 mile of a road.</font>
  • 63% of the Monument is within 1/2 mile of a road.</font>
Most of these roads were user created, mostly by hunting. Until recently, off-road travel was allowed which created many of these roads. Many are less than a mile and traverse every ridge line in the Breaks.
Should roads that are only accessable by private land be left open to public vehicular travel?
Public concerns-
Now that land owners decide who has access to public lands, many times this is a paying client or outfitter, should we continue allow public travel on these roads? BTW, these roads will not be closed to administrative travel (industry to gas wells, livestock ranchers administering their permit, or local, state and federal gov't agencies).

What are your thoughts?
 
Maybe I didn't clarify well enough above. Some of the public may be able to access it. Examples may include- family members, friends, someone with $$'s they are willing to pay.

So, the roads on public land may be open for public travel, but the private landowner determines which public he will allow.
 
ok, that's what I thought. So what would be the point of closing roads? The general public has no access anyway. Even if roads were closed to the "public" would it be enforced? I doubt it.

To answer your first question, I don't think it's right that one landowner can have control over so much public land, and I don't think outfitting should be allowed on that public land unless at least some access is allowed for hunting by the general public. What I don't get is why can't the BLM require the landowner to allow access across his property to the public land? Obviously employees of the BLM have access, why doesn't everybody have access? Is this 60,000 acres accessible by boat?
 
mtmiller,

Public access is an important issue for sure, I've commented on this issue already with letters to various agencies.

I think its wrong for a private individual to profit both from public lands AND from public wildlife, while excluding public access to public lands.

I dont have a problem with a private landowner charging to hunt his deeded lands or for him to guide to my public wildlife on deeded lands. However, I draw the line when undeeded lands (public lands) become a for-profit area for a guide or outfitter at the exclusion of the public.

If I had the authority tomorrow, I'd make a law that said, "if you want a permit to outfit/guide on landlocked public land, you will allow public access to those lands". Simple as that.

The issue becomes a bit more clouded if the landowner isnt making money from access through his private land to the public lands. If he just lets a few buddies through to the public land, thats different in my opinion (although I still dont like it).

From the standpoint of the average hunter, landlocked public lands are useless. This is one area I think the MTFWP should be working on (buying right-of-ways) to gain access through private lands to the public lands.
 
Should outfitting be allowed where private landowners control vehicular access to the public lands? Example, there is public land 1/4 mile from the county road, but the landowner controls that private land and the access to ~60,000 acres of BLM land.
I don't think it should be allowed, but it is legal. Wasn't there a 'famous' person who pushed this issue in ID and the courts set precedence that a private landowner does not have to provide access. Given this situation, I don't think the state/fed agency should give an outfitting permit for that area. I know of a great elk area in UT that is locked up the same way.
 
1 pointer, That was Carole King near Stanley, Idaho. She blocked access thru her private land. Technicaly, there's still access other ways. It's just not as easy. That's one of the big problems with the access issue. Everybody wants to get to public land the easiest way.
 

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