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Main Boards => Hunting Legislation & Policies => Topic started by: vermonster13 on October 11, 2006, 05:24:00 PM

Title: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on October 11, 2006, 05:24:00 PM
Montana Fish, Wildlife & Parks wardens say hunters need to be aware that littering while you're hunting, fishing or camping could end your fun for a year.

"Most hunters and anglers don't know that under Montana law, if they are convicted of littering, they forfeit their licenses and the privilege to hunt, fish, camp or trap for one year from the date of the conviction," said Jim Kropp, FWP Enforcement Division Chief.

For sportsmen, this littering law has real teeth. It applies to any holder of a Montana resident or nonresident fishing or hunting license or camping permit convicted of littering campgrounds, public or private lands, streams, or lakes while hunting, fishing or camping.

"Most sportsmen are very conscientious about protecting our resources and packing out whatever they pack in," Kropp said. "But the fact is, in Montana the privileges of hunting, fishing and camping are significant and a person can lose them, if they're careless.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: JC on October 11, 2006, 07:52:00 PM
1st, hunting is a right, not a priveledge. 2nd, if they are gonna take that route, do drivers who litter lose their licenses for a year too? How about bicycle riders? How about pedestrians?

I love Montana, but sounds like they are plagued with the same idiotic bureaucracy as everywhere else. I agree with the principal of punishing littering, but this sounds like a loophole to remove hunters from the field. (shotgun shells you forgot to pick up after duck hunting, a lost arrow, dropped granola bar wrapper etc.)   "[dntthnk]"
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: DTS on October 11, 2006, 08:56:00 PM
WOW,you talk about teeth in the law.  Living where the hunters come to hunt I see the increase in litter every September through December.  Friday evenings are the worst and then Sunday evenings.  While jogging some have actually thrown beer cans close to me.  A stiff fine would be sufficient.  I bet outdoorsman will make sure nothing has a chance of blowing out from the back of their trucks.  Tough to decide for or against.  Sure would hate to be accused and actually be not guilty. Hunting is a right..black and white no grey area.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: Texasrecurve on October 12, 2006, 08:36:00 PM
Stupid law and stupid politicians.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: swp on October 12, 2006, 09:55:00 PM
I wish Missouri would enact a law like this. Every year I see more litter! It is terrible around where I live and hunt.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on October 12, 2006, 10:14:00 PM
Be careful what you wish for swp. Like JC said, why are only hunters losing so much? Why not increase the fines and actually enforce the laws so everyone using the resource has to face the same consequences?
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: KodiakBob on October 14, 2006, 10:47:00 AM
Sounds like the Ted Turner liberal types figure that they have bought enought of Montana to take over.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: EDW on October 14, 2006, 09:35:00 PM
Well I've never been to Montana but here in Michigan I can't believe how so called
"Sportsmen" litter the woods & waters. It's terrible. I constantly find junk left behind in old blinds and in parking areas that shouldn't be left to just blow around and trash the woods.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: wapiti on October 15, 2006, 12:03:00 AM
I don't think it is a bad law or a stupid law. Th problem is open endedness of what is "litter" and the abuse of its enforcement by the various law agencies. i.e. you have hiked in 2 miles and sit down to eat lunch. You eat a sandwhich and a hardboiled egg then drink your bottle of water. You haul out the bottle and sandwhich wrapper but leave the eggshell on the ground. To lose your hunting over something like that because Joe Lawdog sees you do it and writes you up, dosen't seem right.
  Others thoughts?
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: EDW on October 15, 2006, 12:14:00 PM
Abuse of authority by a conservation officer or game warden could occur. One the case with egg shell if I thought I'd be nailed on something like that, I would put the shell in bag & pack it out too just to be safe.  Overall I think hunters have done a lot to hurt their images with the general public by their behaviour and issues like littering & other things.  I'm not a super righteous guy but I've often picked up other's trash when I've seen it simply because I'm disgusted when it's there. Others see it too and form negative opinions of hunters.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: swp on October 15, 2006, 08:53:00 PM
Vermonster,

If you saw some of the most beautiful places in the Ozarks cluttered up with trash, not only from hunters and fishermen, you might want a law like this also. Enforcement of it would be another matter entirely though.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on October 15, 2006, 08:58:00 PM
I'm not against stiff penaltys for littering by any means, just ones that single out hunters like they are the only ones. What about the atv'ers, mountain bikers, etc. sharing the resource? Think losing a license they don't have for a year will prevent them from littering? All I am saying is make the law equitable for everyone. This kind of law aimed only at hunters would be challengeable in court I would think by the very fact that it does single out one group with a higher penalty than others.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: AZStickman on October 15, 2006, 09:38:00 PM
"1st, hunting is a right, not a priveledge"
I don't necessarily agree with this law but last time I looked I didn't find the hunting ammendment in the constitution.... It is a priveledge and not a right and therefore we must be even more vigilant for laws like this and fight to protect our priveledge even more vigorously....... I'm glad we finally have a forum for this type of discussion and thank David for being in the fore front on informing us of what's happening...... We all need to learn from his example or more laws like this one will slip into effect while we are sleeping at the wheel........Every legislature has a website and it's easy to see what bills are being introduced each session..... One guy can't do it for all of us....... Terry
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: EDW on October 15, 2006, 10:14:00 PM
Can't believe I overlooked this but the Vermonster's original post listed anyone camping, fishing or hunting.  I guess hunters wouldn't be the only ones under scrutiny.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on October 16, 2006, 07:44:00 AM
Actually hunting and fishing are Constitutional Rights in VT. The thing is EDW & SWP hunters and fishers have the stiffest penalty to face and that isn't equitable. Make the fines stiff for everyone. Just seems to me that there are to many ways to abuse a law with this language.

I do fishing clinics every year. At the end of the clinic I take the group fishing. First thing we do is collect all the trash in the area before we even wet a line. I try my best to teach good stewardship in the fishing clinics and bowhunter safety course.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: JC on October 16, 2006, 08:37:00 AM
Terry, just because it's not listed in the Constitution doesn't mean it's not a right. Yes, it is a right, even if the liberals don't agree with it. I'm of Native American heritage....my people hunted and fished and trapped long before their were ever petty laws to regulate it. To me, activities such as this done before the advent of laws are a right, not priveledges.

And then of course, there's the "life, liberty, and the pursuit of happiness" angle....covers a lot of ground, and justly so.

David, the potential for abuse of this law is what frightens me...singling out the very group of people who pay to keep most of this land public access is just a side irony.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on October 16, 2006, 10:15:00 AM
Laws targeted at hunters/fisherman that aren't straight game laws, always concern me. This is a crime committed by other groups too. How is litter defined for this law? Is it open to interpretation by the warden, police officer or park ranger (forestry depts, especially federal aren't always hunter friendly)? Do you need to pack out used toilet paper? What else can be construed as litter by someone with an agenda?
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: EDW on October 16, 2006, 10:19:00 AM
I agree Vermonster- make penalties stiff for all.Seem when something like this comes up many react and worry about abuses by conservation people. Though I am sure that has happened, I have never had a Conservation Officer in Michigan get out of line with me or step over the line with authority. Then again my contacts with them have been minimal.About the only time I've met up with them has been on openers for trout seasons when they've been out checking licenses or when I've checked in a deer. Ever since I've been fishing and hunting I never littered and always respected the outdoors. The fact a law has been enacted to police this indicates to me a problem already exists. That to me is the unfortunate thing.Just as you said about the cleanup during fishing classes- if others were doing the right thing, you would not even have to do it.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: JC on October 16, 2006, 11:30:00 AM
Quote
Originally posted by EDW:
The fact a law has been enacted to police this indicates to me a problem already exists.
But what if the law is enacted as a political agenda....in this case, specifically targeting one segment of society while not transferring the same law to other segments smacks of something less than genuine concern over the problem. Like just about everywhere else, there is little need for more laws, but enforcement for the laws that already exist. I'll bet there's already multiple laws on the books in Montana that target litter in general.....
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on October 16, 2006, 11:46:00 AM
My whole concern is the agenda behind the whole thing, even if a problem exists, laws like this are easily perverted. What about the illegal dumps, highway trash, etc? Also as JC says there are laws in place already, here in VT littering is punishable by a $500 fine along roadways, pull-offs etc. If those fines are imposed equally for all violators then it is as it should be, but to directly target hunting and fishing enthusiests troubles me.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: EDW on October 18, 2006, 07:03:00 PM
[/qb][/QUOTE]But what if the law is enacted as a political agenda...[/QB][/QUOTE]
  Any proof that it was? The original thread includes- campers, trappers,fishermen and hunters while participating in those activities. I may me wrong but I do not think a littering ticket you might get for throwing a paperwad on a lawn in town while not hunting etc.. gets you suspended. If any Montanans are out there maybe they can check & clarify. I'd like to ask this: Is there any excuse at all for trashing the woods where you & others hunt and fish? Supposedly we're the ones that love and want to protect the outdoors so why would anyone want to litter?. If you have the energy to tote in a can of pop & a sandwich in your pack why can't you take the can & wrapper out?
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on October 18, 2006, 07:06:00 PM
There is no excuse, but the penalties need to be the same for all users of the resource and not just those listed. By the way, do you have any proof that there is no agenda?
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: EDW on October 19, 2006, 07:31:00 PM
Can't "prove" a negative. I can't prove I didn't kill anyone yesterday either.
   The concerns and worries about this to me are really far fetched. for comparison recently on certain Michigan rivers authorities had increased patrols and enforcement of laws due to unruly people swearing, getting drunk  and otherwise getting out of control while canoeing and tubing.  Does this unfairly target this group? No it targets the rowdies that get out of hand & ruin things for others. If this law in Montana is on the books it's simple to me- DON'T LITTER!!!! Same with hunting out season, poaching, not tagging you aniimal if required by law or anything. I don't think any game warden is going to plant a candy wrapper to bust someone- wow that will make the front page.  :D
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on October 19, 2006, 08:16:00 PM
No one is saying wardens will plant anything. You have no concerns and that is fine for you. I agree don't litter, don't anyone litter.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: Walt Francis on October 21, 2006, 01:19:00 PM
Hey guys, the law has been on the books since the mid 1990's,  and it works really well.  For clarification, the law states they "MAY" loose their huntng and fishing privilages, not will.  Final punishment or fines are either determined by the local justice of the peace, judge, or by jury.  If you visited the state before the law was enacted then visited it recently, you would see the difference it made in cleaning up public lands.  I hate to admit it, but there were a lot of slob/littering hunters and fishermen in Montana before the law was enacted.  Like JC, I dislike increased laws and regulations, but something was needed and most inprotantly "IT WORKS".  Though not perfect, there is a distinct diference in the amount of litter I see while hunting and fishing now compared to the early 1990's.  As a side note, I would also like to see a simular law for the drivers in our state, the largest source of currently.  

Walt Francis
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: JC on October 21, 2006, 02:42:00 PM
My point is, why target hunters and fisherman...why not just say ANYONE who litters can lose their drivers license for a month. Don't have a drivers license, you do 1000 hrs community service. That'll get some attention.

But specifically targeting one segment IS wrong. The penalty ought to be equal, whomever is doing it. With this stupid law, there is no recourse if a Warden catches a non-hunter/fisher littering. And if there is, why not just enforce that existing law? I'm sure there's already laws on the books that say don't litter.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: wapiti on October 21, 2006, 03:40:00 PM
I haven't seen any effectiveness from this law. Every year I carry out AT LEAST one large bag of crap from the camp site where I hunt. Some from hunters I am sure but most from the local kids from 'parties' from what the townfolk tell me.
 I have personaly experianced over bearing and zealous law enforcement. I even had a chance to talk with several local guys about what had happened to me. They laughed and said join  the club as this guy was an #&&. I say was because he retired as of this year.
  Another point is this may be a state law but littering on federal lands is a federal law. I think the littering thing has been covered already. We need something diffrent for ALL violators.
 I am in agreement we need a law equal for all.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: motormouth on October 21, 2006, 05:02:00 PM
i am now a resident of montana and that is not right. hunting is a privilige i think someone said here and thats the truth.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: motormouth on October 21, 2006, 05:03:00 PM
i am now a resident of montana and that is not right. hunting is a privilige i think someone said here and thats the truth.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: EDW on October 22, 2006, 10:56:00 PM
Quote
Originally posted by Walt Francis:
Hey guys, the law has been on the books since the mid 1990's,  and it works really well.  For clarification, the law states they "MAY" loose their huntng and fishing privilages, not will.  Final punishment or fines are either determined by the local justice of the peace, judge, or by jury.  If you visited the state before the law was enacted then visited it recently, you would see the difference it made in cleaning up public lands.  I hate to admit it, but there were a lot of slob/littering hunters and fishermen in Montana before the law was enacted.  Like JC, I dislike increased laws and regulations, but something was needed and most inprotantly "IT WORKS".  Though not perfect, there is a distinct diference in the amount of litter I see while hunting and fishing now compared to the early 1990's.  As a side note, I would also like to see a simular law for the drivers in our state, the largest source of currently.

    Yeah  :thumbsup:   to that!!!!!

Walt Francis
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: John Dill on October 23, 2006, 03:33:00 PM
There seems to be a mix up of thoughts on what a "right" is and what a "privilege" is with our hunting. Websters defines a right as just and good or power or privilage. The key word is power. Basically your god given right to hunt and use our land as a human being. A privilege is defined as a special right or granted right. In other words a privilege in our situation with hunting would be granted by mans law giving us a privilege to hunt. I personally feel it is my god given right to hunt. Not my privilege to hunt which can be revoked simply by a change in my privilege. I agree with laws contoling manners of hunting, game laws etc. But any law that interferes with my "right" to hunt I take issue. This may be slightly off topic but I wanted to throw my two cents on rights and privileges
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: et on October 24, 2006, 01:15:00 PM
Unfortunately, hunters earned this law. Yes it was a small minority but their impact is huge and a black eye to the rest of the users. Most of the folks that leave a mess behind during hunting season do the same during the rest of the year. Now if they learn to keep their camp clean during the hunting season we might have a chance of them picking up after them selves during the rest of the year. People seem more then willing to risk jail time and community service but the loss of hunting privileges sure seems to get their attention. et
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on October 24, 2006, 09:01:00 PM
I hope they never decide hunters or fisherman are speeding to much during the seasons.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: Brian Krebs on October 27, 2006, 01:21:00 AM
I second what Dill said.

 Here in Idaho; there was an attempt to clarify that hunting was a right- it only failed because the child support 'people' wanted the right to take away the priviledge of hunting if a person didn't pay their child support.

 I think 500 dollar fines for littering are enough; and that taking away hunting 'priviledges'is too much.

I don't believe hunting has anything to do with the act of littering; and the two: have no business being connected that way.

 Hunters may litter; but a litter bug does not have to be a hunter.

 And toilet paper left behind.. [do pardon the pun]-- IS considered litter by the forest service.. all depends on where you live; and the enforcement policies.....
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: Bob Sherman on November 10, 2006, 12:59:00 PM
There is no teeth here whatsoever. I was disappointed after moving here to find the largest concentration of roadhunters I've ever seen. It is an absolute joke the number of roadhunters in Montana and there doesn't appear to be any teeth for them.

I haven't heard of one hunter ever losing their license for littering.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: AZStickman on November 10, 2006, 01:23:00 PM
Quote
"Terry, just because it's not listed in the Constitution doesn't mean it's not a right. Yes, it is a right, even if the liberals don't agree with it. I'm of Native American heritage....my people hunted and fished and trapped long before their were ever petty laws to regulate it. To me, activities such as this done before the advent of laws are a right, not priveledges."  
I'd like to be able to agree with you JC.... I'd like even more for hunting to truly be a right but it is not and never will be.......It is a highly regulated priveledge and one I hold highly and do not abuse.......Even though you have a native american heritage hunting is not a right even on the sovereign nations.....Even there it is a highly regulated priveledge....It may have been a right until mankind developed the capability of wiping out whole species and modern conservatation programs had to be developed to protect a piece of the heritage we all share..... No matter where your ancestors are from all of our lineages go back to hunter gatherers.... Right?? Wrong???..... I don't know I just live with the reality and get out and enjoy the priveledge every chance I get..... Terry
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: MI_Bowhunter on November 10, 2006, 01:41:00 PM
It seems to me that this law is just another wedge against hunters.   Whether it is enforced or not, it is on the books and sets a precedent for future laws.

These types of laws could eventually add up and make it impossible to hunt, without us ever actually losing the right/privilege to hunt.  That's what scares me about it.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: Rigs on November 12, 2006, 04:19:00 PM
Vermonster13 quote  "I'm not against stiff penaltys for littering by any means, just ones that single out hunters like they are the only ones."

I've been places here in Montana that I know hunters were the only other people that had any reason to be there.  And like Wapiti, I've carried out more crap (mountain to the prairies) than a big bear can jump over.  Just the other day while scouting an Island on the Missouri, I came across an old ameristep blind that the elements had hammered, orange trail tape, a milk crate that was used in the remnants of that blind, old broken down hang-on stands still swinging by their chains in the tree, pop cans, beer cans, and candy wrappers.  So you tell me this wasn't "hunters" that littered this pretty piece of Montana?  Who else would use this stuff??

If the shoe fits......I think the penalties are right, I just wish that they would actively seek stiffer penalties for this lazy individual that calls his/herself a hunter.  It may help thwem clean up their act...  If you take away their drivers liscense(as was suggested), they can still hunt.  Take away their hunting and watch them clean up their mess next time.....

Happy hunting,
Jason
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: vermonster13 on November 12, 2006, 05:56:00 PM
Hey you guys live there and if you are happy being specifically targeted, more power to you. I am sure the way things have changed out there, your legislature will be doing even more to make you feel special.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: Al Dean on November 13, 2006, 07:59:00 AM
Just a note, having been born in Montana and having a lot of realitives still there.  Most of the damage to Montana's wilderness and great outdoors has been done by Montana residents not by non-residents visiting.  They have had to enacted really stringient laws to try and get it under control.  Guess the old Montana residents thought it would last forever and that they did not have to take care of it.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: gordonf on November 13, 2006, 03:06:00 PM
Sweet. I wish a similiar law was passed in Oregon. I'm sick and tired of packing out a pickup load of garbage from my favorite hunting camp at the end of every season. Even a lot of the bow-hunters around here are pigs.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: mindbender on November 13, 2006, 07:13:00 PM
a worse law imo is the deadbeat dad who loses both his drivers and hunting/fishing licence.  I/m not for deadbeats but am aware of a plethora of dads labeled that due to states like CA, WA, OR, MT etc giving out services and making dad pay them back (State gvmt) when they should not as have been supporting the kid all along.  

Know of a couple cases of fraud where mom got services from several states at the same time and dad- who was paying support had to pay back all of them and even went to prison cause he couldn't.  

every state should 1.  have a right to hunt and drive provision (can lose this right like any other due to behavior like DUI etc)2.  A big fine ($1500 or so) for atv's off road and intentional littering.

I thought states were passing right to hunt amendments????  Didn't MT?  Many NA do have solid rights with exception to self regulation which has been the case within tribes forever anyway.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: Pete Patterson on November 16, 2006, 07:46:00 PM
To heck with griping about the law, do something positive.  It takes precious little to put a 3 foot dowel with a nail in the end of it and a trash bag in your vehicle and not much effort to pick up other people's trash around your vehicle.  I do.
Title: Re: Montana Hunters Risk Loss of Privileges for Littering
Post by: mindbender on November 17, 2006, 01:16:00 AM
I do that...absolutely.