87-1-265. Hunter management and hunting access enhancement programs created -- private landowner assistance to promote public hunting access -- rules. - Montana Statutes

     87-1-265. Hunter management and hunting access enhancement programs created -- private landowner assistance to promote public hunting access -- rules. (1) The department may establish within the block management program established by administrative rule pursuant to authority contained in 87-1-301 and 87-1-303 programs of landowner assistance that encourage public access to private and public lands for purposes of hunting and may adopt rules to carry out program purposes. Rules may address but are not limited to incentives provided under:
     (a) a hunter management program as set out in 87-1-266, consisting of a cooperative agreement between a landowner and the department and including other resource management agencies when appropriate, that allows public hunting with certain restrictions or use rules; and
     (b) a hunting access enhancement program as set out in 87-1-267, consisting of incentives for private landowners who allow public hunting access on their lands.
     (2) The department may also develop similar efforts outside the scope of the block management program that are designed to promote public access to private lands for hunting purposes.
     (3) Participation in a program established under this section is voluntary. A lease, acquisition, or other arrangement for public access across private property that is initiated through a program established under this part must be negotiated on a cooperative basis and may only be initiated with the voluntary participation of private landowners.
     (4) Programs may not be structured in a manner that provides assistance to a private landowner who charges a fee for hunting access to private land that is enrolled in the program or who does not provide reasonable public hunting access to private land that is enrolled in the program. The commission shall develop criteria by which tangible benefits are allocated to participating landowners, and the department may distribute the benefits to participating landowners. The department may by rule limit the number of licenses that can be provided as incentives.

     History: En. Sec. 1, Ch. 459, L. 1995; amd. Sec. 1, Ch. 216, L. 2001.