1. staff presented a report by Gregory J. Petesch, 

 Legislative Council legal director, on the legal 

 consideration of fee hunting on private lands. 

 See Appendix C. 



The report concluded that there are no clear legal 

 impediments to engaging in fee access hunting, 

 either in cooperation with the state or 

 individually; however, a number of recent Montana 

 Supreme Court cases seem to have increased the 

 liability risks of all landowners who allow 

 access, by requiring the same duty of care for all 

 entrants to the land, even trespassers. 



2. Staff also presented a report on the Wyoming 

 landowner coupon reimbursement program for deer 

 and antelope hunting on private property. In this 

 program, landowners are compensated in some way 

 for maintaining a wildlife habitat; for every deer 

 or antelope shot on a landowner's property, the 

 landowner is reimbursed $8.00. After the Wyoming 

 Game and Fish Department receives the landowner's 

 coupons, the payment process is computerized to 

 the extent that little time is required to enter 

 the information and prepare the state payment 

 warrants. In recent years, the Department has 

 reimbursed landowners between $600,000 and 

 $700,000 per year. The funding for the program 

 comes from general hunting and fishing license 

 sales. 



3. Bill Myers and Bassett Hoiness, Montana Outdoors 

 Recreation, Inc., encouraged the Subcommittee to 

 consider support for programs in other states that 

 allow landowners access to hunting licenses for 



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