Public Land Access within a BMA

[Schaaf]

The title says it all. I've had this discussion with people since last year and so far I have been unable to find the answer and the warden I questioned was little help.

I've noticed that many BMA's are booked entirely full before anyone has an opportunity to register for a time period for the season. If you are unable to get permission for that BMA are you allowed to access public land on the edge even if that chunk of land is within that specific BMA boundary.

Looking forward to hearing your opinions/answers or if someone is able to push me in the right direction to find it on my own It would be very appreciated!

 

[JLS]

If the public land is accessible from a public roadway, then yes, you can access it.

 

[Schaaf]

That was my understanding as well, thank you.

 

[Wapiti Warrior]

I was told by FWP that is not true. There is a chunk of state land that a highway goes through. Looks like great deer country. FWP said for the land owner to be in block management this state land is not open to the public was the agreement. Now this was a few years ago, so maybe things have changed.
John

 

[Straight Arrow]

I asked that question of a BLM official north of Terry, MT, where there is much BLM land and Block Management. If BLM land is accessible from a public road, then yes, you can access and hunt, even if it is part of the Block Management Area. However, be careful to remain off the BMA land unless you have the required permission.

 

[8andcounting]

Yes . You can hunt any blm or state land in a block management zone as long as you can get to it via public acces

 

[teamhoyt]

On a BMA if there is legally accessible FEDERAL land then you can hunt it. IF it is legally accessible STATE land then you CANNOT hunt it without the permission slip for the BMA.

 

[teamhoyt]

http://fwp.mt.gov/export/blockManagementMaps/r7/6_garfieldCounty_2015.pdf

here is an example of that ruling on an actual BMA rule sheet.

 

[----]

teamhoyt nailed it. They can't include Federal, but do include State. It's never made sense to me.

 

[teamhoyt]

essentially the state has no jurisdiction over legally accessible federal land. the state does have jurisdiction over state land and generally will wrap that in with the BMA if the bma cooperator has the lease on that particular state section or part of section, occasionally you will see that a section of state is only partially enrolled in the bma, this is due to multiple people having lease agreements on that state section.

 

[Schaaf]

Thanks for the input teamhoyt. The more I thought about it last night and this morning I figured that was probably the case.

 

[JLS]

FWP does not have authorization to close DNRC land. DNRC can close it to be included in the BMA, but it must be petitioned to do so, and must be posted as such.

 

[teamhoyt]

•Block Management Areas and Wildlife Management Areas, administered by the DFWP, may include state land. Recreational use of state land in these areas must be conducted in accordance with the rules and regulations specific to that management area. A Recreational Use License is still required for recreational use of state trust lands enrolled in these areas

http://dnrc.mt.gov/divisions/trust/recreational-use-of-state-land

 

[teamhoyt]

if you click on the link and open the restrictions tab it will display the wording from my last post.

 

[JLS]

•Block Management Areas and Wildlife Management Areas, administered by the DFWP, may include state land. Recreational use of state land in these areas must be conducted in accordance with the rules and regulations specific to that management area. A Recreational Use License is still required for recreational use of state trust lands enrolled in these areas

http://dnrc.mt.gov/divisions/trust/recreational-use-of-state-land

I stand corrected. They used to remain open unless they were petitioned to be closed.

My bad!

 

[Nunyacreek]

It makes sense that state public land would be administered in accordance with FWP agreements. It's also important to remember that school trust land is not public land. It is owned by the trust, I don't know specifics, but I would think enrolling trust land in a BMA could provide reasonable access and that others could be excluded. My unending complaint is that it is hard to discern trust land from other state land on maps.
Lots of BMAs also say that you cannot use them to access public lands beyond. I've never wanted to find out but that always seemed suspect...

 

[JLS]

Lots of BMAs also say that you cannot use them to access public lands beyond. I've never wanted to find out but that always seemed suspect...

It's a condition of the landowner permission. They are allowing you to enter with the express statement that you cannot use that permission to access neighboring public lands. It's not suspect at all.