Montana seeks to clarify "road hunting" law

What makes a road a road? That’s what Montana lawmakers want to clarify in an effort to distinguish discrepancies in hunting from a vehicle. Senate Bill 91 has passed review by the Montana Senate Fish and Game Committee to change language so that it is more specific for hunters – and guides – to follow.

Sen. Jedediah Hinkle (R-Bozeman) is sponsoring SB 91 and hopes that passage will “clarify what constitutes hunting from a vehicle outside of a legally defined highway,” which current Montana code describes as “publically maintained roads open to public vehicle travel,” according to The Montana-Standard.

“The current language of the law has been very broad, general and interpreted differently among law enforcement,” says Hinkle, who argues that the current language allows too much inconsistency in how it is enforced and affects hunting from private roads and BLM two-tracks.

The bill includes language that clarifies that spotting game from a vehicle isn’t considered hunting and says “if hunting on, from, or across a road or trail or the shoulder, berm, or barrow pit right-of-way of a road or trail that is not a public highway…a person who has both feet on the ground outside of a vehicle,” is legal, according to The Montana-Standard.

The Montana Outfitters and Guides Association, Walleyes Unlimited and Helena hunter Brian McCullough all support SB 91; the Montana Wildlife Federation Conservation Director Nick Gevock does not. Gevock pointed out that “hunting from or near a vehicle also poses safety issues and ethical concerns,” adding, “The way I read it, it almost encourages road hunting.”

The Senate has voted to pass the bill, which has since been transmitted to the House. Stay up to date on the status of Montana Senate Bill 91.