BOARD CENSURES OUTFITTER

HUNTER HARRASSMENT INVOLVED

On August 4, 2009 , the Montana Board of Outfitters "Adjudication Panel" censured an outfitter for what in effect was hunter harassment for running off legal hunters off public land. It Involved David Simpson of Billings , and happened in 2007 in Big Horn county , where the outfitter Cole Benton of Buffalo Wyoming "escorted" Mr. Simpson , his son, and grandson off a state section where they had killed a deer. The board, which is not a court of law, could not convict the outfitter of violation of the state statute. However they did find him in violation of the "unprofessional conduct" under the administrative rules of the department. For the full story , see the link to the Billings Gazette article below.

A second case involved an outfitter in Saunders County . Action is still pending by the Board Of Outfitters, but we understand he was involved with an incident in 2008 when he threatened hunters on public land and subsequently was subject to prosecution of some sort. When information is available on the second case, we will post it to this site.

Comment from PLWA President John Gibson :

There are some facts that need to be clarified regarding last week's story describing an outfitter (Benton) running a hunter (Simpson) and family off of land administered by the Montana Department of State Lands.

First: Simpson had a legal right to be on the land and he knew it.

Second: Benton had an option to contact the authorities if he thought a trespass had occurred before Simpson arrived on the state land.

Third: Benton chose to intimidate and challenge Simpson rather that have the authorities deal with the possible trespass. Is this not harassment?

Fourth: There is a state law against hunter harassment.

Fifth: If Benton had tried and failed to get the county commissioners to abandon the access road, he surely must have known it was a public road.

Sixth: There is another state law that prohibits county commissioners from abandoning a road that serves as the primary access to public land or water.

Seventh: There are a number of public roads and easements blocked by landowners. These are roads with recorded public easements. I can name several right now.

We will get these roads open when we are able to put the money and manpower in place to do a through job. This is what we do, along with taking legal action against those who ignore the law like the ultra rich on the Ruby River.

related articles I-161 Guest Opinion ( 08/18/2010 )   Citizen Initiative 161 is sponsored by Montana resident hunters, tired of battling negative impacts caused by the current law guaranteeing Montana hunting outfitters 7,800 non-resident clients. These impacts include the loss of hunting access and the privatization of our wildlife. Sixteenmile Creek Acquisition Project ( 07/06/2010 )   Sixteenmile Creek Acquisition Project Needs Support and Comment. Two members of Public Land/Water Access Assoc.

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