Hunters Should Note Stream Access Rules

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Fish, Wildlife & Parks officials ask hunters heading afield for the opening of Montana’s 1997 archery-only deer and elk hunting season on September 6 to remember that all big game hunting on private property requires landowner permission. While straightforward in most cases, this law may bring about some confusion when Montana’s stream access law is brought into play. Landowners with property along streams and rivers own to the low water mark on navigable waterways and to the center line on nonnavigable streams. If the landowner owns the land on both sides of a nonnavigable stream, then the landowner is considered to own the bed of the stream as well as the adjacent land. While the public has the right, under the stream access law, to recreate on streams and rivers (including the bed and banks of waterways up to the ordinary high water mark), that recreation is limited to water-based activities. Past court cases have concluded that these activities do not include big game hunting. As a result, landowner permission is required to hunt big game in stream corridors accessed under Montana’s stream access law. Stream corridors bordered by federal and state land generally are open to big game hunting, but those hunting on state school trust lands should remember to purchase a 1997 State Lands Recreational Use License before heading afield. Many questions concerning Montana’s stream access law can be answered by obtaining a copy of a brochure available at FWP offices. But to alleviate all confusion, FWP officials encourage all hunters to always seek permission from landowners before pursuing any activities on private land.