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Etiquette, Access,and Conservation

There is no shortage of water to fish in Montana, which may not seem to be the case when you arrive at a boat ramp early and there is a line of trucks, boats and trailers waiting to get into the water. The solution is simple—spread out. If you pull into a crowded boat ramp or access point, continue on up or downstream until you find a less crowded one. Doing so reduces the pressure and crowding, greatly enhancing your fishing experience. Spreading out doesn't have to mean leaving your favorite water altogether, but rather spreading out on the clock by putting in early in the morning or later in the afternoon. It could mean planning a mid-week trip on popular waters rather than a weekend excursion. It could mean planning your trips during the shoulder seasons—March, April, October, or November. In fact, our best fish of the year are frequently caught during these months as the fish are either bulking up after a long cold winter or preparing for the upcoming one. It could mean hiking in a few miles rather than fishing within sight of an access site. You would be surprised how many people drive or fly hundreds—even thousands of miles—to get to Montana then never get out of sight of the first bridge that gives them access to the water. The journey doesn't end when you hit the water—it has only just begun. Explore the smaller streams that feed the major rivers. Get off the beaten path and hike into a mountain lake. Be the first to discover the next secret fishing hole.

Wade Fishing

Interaction with other anglers is a way of life on popular waters. Communicate with fellow anglers to let them know your intentions and to find out theirs. Give them a wide berth on the streams—your presence should never negatively affect their fishing or experience. If you are rigging up at the same time on a small stream, plot a game plan—one person goes upstream and the other goes down. If you see an angler fishing a favorite hole of yours, don't sit and wait him out. Instead, move on to find new water. Likewise, do not stay in one spot and monopolize the good fishing. Catch a few and move on. When approaching other anglers, use care not to spook fish they may be casting to. Avoid crossing immediately upstream of other anglers, or walking too close to an overhanging bank they may be fishing. There are really no cut and dried answers to how close is too close. The general rule is the fewer the people, the more you should spread out. Respect others and enjoy the serenity the sport offers.

Fishing From a Boat or Personal Water Craft

If you float Montana waters bear in mind a few simple rules:

At the ramp:

• Wait your turn before approaching the boat ramp.

• Do not block the boat ramp by rigging your craft while on the ramp. Have your boat and gear ready to go before you approach the ramp. Launch your boat quickly and clear the ramp for other users.

• Anchor your boat in a secure location clear of the ramp while you park your vehicle.

• At the end of the day prepare your boat for trailering before you back down the ramp. Once you back down the ramp, load your boat quickly onto the trailer and clear the ramp. Do not strap down or unload your boat until you clear the ramp area. All boat ramps have substantial parking areas where you can secure your boat and gear without blocking the ramp.

On the water:

• Always look upstream before you pull anchor and head into the current. Moving boats have the right of way (do not pull out in front of approaching craft). Remember, the fewer the people on the water, the more you should spread out.

• Wading anglers have the right of way. Give them plenty of room, and avoid the water they are fishing. If in doubt, communicate. There may be instances where the wading angler should yield to floaters if there is no other channel for the floater to navigate.

• If you overtake another boat, give them plenty of room before you pull back into their lane.

• Treat anchored boats the same as wading anglers. Even if they are not fishing, they may be spotting rising fish—give them plenty of room, and respect their space.

• Never drag an anchor to control or slow your floating craft. Pull to the side of the river out of the current and then drop anchor to stop the craft completely.

Catch and release fishing can enhance the experience of fishing for generations to come. Photo by Brian Grossenbacher.

Most fishing access sites require you to pack in and pack out garbage. Please do not discard garbage in the outhouses.

Conservation

With more fly fishermen entering the sport each season we should take great care to preserve our fisheries and aquatic ecosystems every step of the way. Catch and release fishermen should always use barbless hooks, and play and release fish quickly. Wet your hands before handling fish to eliminate damage to their protective slime layer or better yet release the fish without touching them. Use forceps or another releasing tool instead, such as the Ketchum Release (available at most fly shops). With practice you will wonder how you ever released fish without one. See www.waterworks-lamson.com/ketchum.html.

If you wish to take a photo of the fish, keep the camera in a readily accessible location, and make sure your fishing partner is familiar with your camera. Keep the fish in the water until you are ready to snap the photo. Try to position the fish low to the water so that if it slips from your grasp it will not become injured. Never squeeze a fish. It will simply slip from your hands like a wet bar of soap and, most importantly, may sustain terminal internal bruising.

Release a fish facing upstream in clean, oxygenated water. Let the fish swim away from you under its own power. It is not necessary to move the fish back and forth in the current to oxygenate its gills, allow the moving water do that for you.

As a wading angler, stay on the stream banks whenever possible to prevent damage to aquatic habitat. It is not just the fish that we need to preserve, but the valuable and fragile aquatic ecosystem.

Rights and Responsibilities of Landowners and Recreationists

The following information has been taken directly from the Montana Fish Wildlife and Parks website and summarizes the ways in which Montana's 1985 stream access law affects the recreational use of the state's rivers and streams and incorporates the ways the law has been interpreted by the courts in Montana.

The law states that rivers and streams capable of recreational use may be so used by the public regardless of streambed ownership. It also states that certain activities require landowner permission. Because the law affects your rights and responsibilities as a landowner or recreationist, the information that follows may be of interest to you.

Trespass Legislation

This legislation states that a member of the public has the privilege to enter or remain on private land by the explicit permission of the landowner or his agent or by the failure of the landowner to post notice denying entry onto the land. The landowner may revoke the permission by personal communication. (For more detail see H.B. 911 from the 1985 session.)

The law states that notice denying entry must consist of written notice or of notice by painting a post, structure or natural object with at least 50 square inches of fluorescent orange paint. In the case of a metal fencepost, the entire post must be painted. This notice must be placed at each outer gate and all normal points of access to the property and wherever a stream crosses an outer boundary line.

The law also extends the authority of game wardens to enforce the criminal mischief, criminal trespass and litter laws to all lands being used by the public for recreational purposes.

Montana Stream Access Law

Under the Montana Stream Access Law, the public may use rivers and streams for recreational purposes up to the ordinary high-water marks. Although the law gives recreationists the right to use rivers and streams for water-related recreation, it does not allow them to enter posted lands bordering those streams or to cross private lands to gain access to streams. Complete rules are available at any Montana Fish Wildlife and Parks office.

National Parks, Indian Reservations, and Wildlife Refuges

Certain waters on national parks, Indian reservations and wildlife refuges may have special rules. Specific information may be obtained from the headquarters of the park, reservation, or refuge involved.

For further information concerning access laws, please contact the Department's Conservation Education Division in Helena at (406) 444-2535, or one of the Department's regional offices.

Copies of the law may be obtained by sending a request to the Montana Legislative Council, Room 138, Capitol Building, Helena, MT 59620, or by calling (406) 444-3064.

The fish gods smile on law-abiding anglers.Photo by Brian Grossenbacher.