Section 7. Preservation of Harvest Heritage.The opportunity to harvest wild fish and wild game animals is a heritage that shall forever be preserved to the individual citizens of the state and does not create a right to trespass on private property or diminution of other private rights.

History

Sources

Drafting

President, Montana Shooting Sports Association Gary Marbut and Chairman, House Fish, Wildlife and Parks Committee Joe Balyeat drafted the Amendment.Hearing on House Bill 306 Before The Comm. On Fish, Wildlife and Parks, 2003 Leg., 58th Sess. 00:00:30-02:01:00 (M.T. 2003);

Chairman Balyeat sponsored the Amendment through House Bill 306, which proposed:

Section 6. Preservation of harvest heritage. (1) The opportunity to harvest of wild fish and wild game animals is a heritage that shall forever be preserved to the individual citizens of the state, and does not create a right to unauthorized trespass on private property or diminution of other private rights, and, for state residents, may be abridged only by general regulation necessary to further a compelling state interest. (2) The state shall manage publicly owned fish and wildlife to preserve opportunities for the harvest of wild fish and wild game animals by the citizens of the state.State of Montana: http://leg.mt.gov/bills/2003/BillPdf/HB0306.pdf

The drafters struck the "compelling state interest" language in order to compromise with opponents who supported active wildlife management by Fish, Wildlife and Parks (FWP).Hearing on House Bill 306 Before The Comm. On Fish, Wildlife and Parks, 2003 Leg., 58th Sess. 00:00:30-02:01:00 (M.T. 2003). During debate, Chief Legal Counsel for FWP Robert Lane explained that hunting is not a fundamental right under prior precedent and the "compelling state interest" language is not consistent with part (2).Hearing on House Bill 306 Before The Comm. On Fish, Wildlife and Parks, 2003 Leg., 58th Sess. 00:00:30-02:01:00 (M.T. 2003); Baldwin v. Fish and Game Commn. of Montana, 436 U.S. 371 (1978).

It is not clear why part (2) was struck from House Bill 306. During debate, a representative from the Montana Audubon Society voiced her opinion over part (2), “Our concern is the emphasis on game. I’m not sure landowners would want all wildlife, reptiles, amphibians, predators, fur bearers, and endangered species to be managed for the preservation of game animals.”Hearing on House Bill 306 Before The Comm. On Fish, Wildlife and Parks, 2003 Leg., 58th Sess. 00:00:30-02:01:00 (M.T. 2003);

Ratification

The Preservation of Harvest Heritage (CA-41) was proposed by the 2003 Legislature and ratified by the people of Montana on November 2, 2004.Mont. Const. art. IX, § 7. The Voter Information Pamphlet highlighted that hunting and fishing are part of "Montanans cherished way of life," and hunters and anglers need protection because "anti-hunting, anti-fishing, [and] animal rights extremists" are eroding hunting and fishing opportunities in other states.Voter Information Pamphlet: http://sos.mt.gov/elections/archives/2000s/2004/VIP2004.pdf The Voter Information Pamphlet explained the Amendment will "be more than just a common law right which could be trampled on by majority whim; but won’t be a fundamental absolute right which cannot be regulated by FWP. The Hunting & Fishing Heritage Amendment strikes perfect balance; and deserves your vote."Voter Information Pamphlet: http://sos.mt.gov/elections/archives/2000s/2004/VIP2004.pdf The Amendment was overwhelmingly ratified 80.60% to 19.40% with 428,690 votes cast.Montana Secretary of State: http://sos.mt.gov/Elections/forms/history/constitutionalmeasureslist2012.pdf

Election Results

Commentary

Footnotes