Spotted Dog WMA Access

katqanna · Dec 14, 2014

Rich Man’s Sport: How a Billionaire Developer Restricted Public Access to Spotted Dog

“Keep Gate Closed,” reads the sign beside the padlocked gate blocking hunters from a swath of public land. The sign is riddled with bullet holes.

Past the gate and a mile down Jake Creek Road is a state of Montana Wildlife Management Area known as Spotted Dog. The area opened to the public just four years ago but has already become a battleground in an age-old dispute over land use...

But after the state did not renew the lease, the ranch bought land that contains the popular Jake Creek access to Spotted Dog and then locked the public out...

In October, FWP responded to the access closure with a passive press release: a “popular access site … will be closed to the public this season” due “to a recent change in property ownership.”

The press release was parroted, copy-and-paste style, in Lee Enterprise’s Montana newspapers, but apparently no journalist ever investigated...

At the Boomerang Bakery on Main Street in Deer Lodge, a woman named Kimmy said her family hunted for years on the public and private land now contained in Spotted Dog WMA. She sees the closure of the Jake Creek road as just another step in a decades-long movement toward restricted public access, toward preference for those with money over those who actually live in the community.

“We depend on that meat every year,” she said angrily. “It’s getting to be a rich man’s sport.”

Just in case y'all didnt click on some of the links in the article - "Bill Foley grew up on a cattle ranch in the Texas panhandle, where his family settled in the 1840s, and fondly remembers 'hanging out on the ranch property with its wide open spaces, freedom and solitude.' After several years of looking at Montana ranches, Bill discovered Rock Creek Cattle Company and as soon as it became available in November of 2004 he acquired it."

Gerald Martin · Dec 14, 2014

So having never been to the Spotted Dog but remembering how big a deal it was when it was acquired does this mean all public access is blocked off or just one avenue of access?

---- · Dec 14, 2014

Just one Gerald, but a major one.

Gerald Martin · Dec 14, 2014

So does this mean if we walk a little bit further we can have less competition?

Not trying to make light of a serious issue necessarily.

Gerald Martin · Dec 14, 2014

I'll play devil's advocate here a bit Katqanna, so take me to school and educate me.

Other than complaining about a "bad" rich neighbor's tactics in a petty tit for tat reaction to not being able to graze cattle on the Spotted Dog anymore, what can John Q. Public do about this without infringing on the neighbor's private property rights? FWP payed the former landowner $4.40 per hunter day for access last year. Bill Foley made a more lucrative offer than FWP could to the landowner and he sold out, allowing Foley to exercise his right to close his private property. I might not like it, but this is still America and he has that right.

From the article-"While a gate blocking one access road may seem a simple inconvenience, it is more. The swollen horseshoe of land that is Spotted Dog is divided into two parts by a string of private in-holdings. The northwest part is still accessible by Freeze Out Lane three miles north from Jake Creek, but the southeast part, which comprises about two and half times as much land as the other, is now accessible only from the north side, through Avon and Elliston. And from there, because most roads in the WMA were closed to protect habitat, the sections people used to access from Jake Creek now require an extra four to five mile hike."

If my reading comprehension is any good at all doesn't that mean if FWP changes some of it's policy in the roads it closed on the WMA there will still be decent access?

We celebrate the creation of roadless areas that hamper the ability of hunters to get around and harvest game in certain locations and decry the same effect when a private landowner exercises his rights. Can we have it both ways?
I feel bad for people that can no longer drive around and get close to where they want to hunt but personally, it sounds like a great place to take that four or five mile hike in rolling terrain over the next couple years when the elk realize its a great place to escape hunting pressure.

Okay, I've exposed my ignorance.

Take me to school. I really don't like to see this kind of thing happening, but it is going to be the reality more and more with changing demographics in land ownership.

LopeHunter · Dec 14, 2014

Is the WMA closed to hunting or only some of it closed or rather none of it closed but is now limited to foot access to some portions while other portions have vehicle access? I do not mind a 5 mile hike as someone who detests hearing ATVs racing by where I hunt.

Gerald Martin · Dec 14, 2014

"is now limited to foot access to some portions while other portions have vehicle access?" This is the way I read it.

Some will lose easy access and be mad. Others will think it's an improvement. Looking at the lay of the land on Google earth, I think I'm one of the latter. I already see a couple of creek bottoms that look like they'll hold some buster whitetails in a couple of years.

But hey, what do I know? I've not hunted there yet. I'm just an internet jockey staying up too late. I haven't even stayed at a Holiday Inn lately. (I'm more of a Budget Inn type of guy.)

bigskyblueman · Dec 15, 2014

Spotted Dog has been evolving since it was acquired, but it is unclear if prescriptive easement or sole public road to DNRC land plays any role in this, perhaps not. Kat, do you know? Grazing was always going to be a bone of contention , but agreed with FWP in seeking acquisition of this WMA. .

Nameless Range · Dec 15, 2014

Gerald is right that, from a hunter's personal perspective, the hunting may improve from decreased access, but there is more to it than that.

We will always be trying to strike a balance between access and habitat, I think this rubs people the wrong way and is different from the roadless areas we celebrate because:

-historically it has always been accessible
-another filthy rich bastard exercising "his rights" is giving Montanans a figurative "finger"

The number one reason people quit hunting, and hunter numbers are slipping, is loss of access. Less hunters will eventually mean a reduced presence of hunter's voices in the political world.

A larger issue though, that is clearly a problem in Montana, is what I would call the issue of the filthy rich.
I'll put it into a syllogism.

1. The distribution of wealth is grossly skewed, and the disparity is increasing.
2. Wealth = power - in the courts, in politics, in life(You're blind if you think otherwise)
3. Therefore, the distribution of power is grossly skewed and its disparity is increasing - in all issues, including sportsmen's issues.

A man can come in and simply buy a legitimate percentage of Montana. An organization can have 9,999 members each with $100,000 to spend toward the cause, and that organization won't have the financial pull of one billionaire.

The filthy rich have too much power. The masses have their votes(the ones who actually do), but who gets the votes correlates strongly with who spends the most money. The filthy rich try to buy elections, and most certainly candidates.

Monday morning meta rant. There are no whitetails in Spotted Dog.

Gerald Martin · Dec 15, 2014

There are no whitetails in Spotted Dog.

But hey, what do I know? I've not hunted there yet. I'm just an internet jockey staying up too late. I haven't even stayed at a Holiday Inn lately. (I'm more of a Budget Inn type of guy.)

Well the only way I see to stop this type of outrage is to ensure that the filthy rich can't have too much power.... Take their money and give it to the poor. Oh where is Robin Hood when you need him?

Nameless Range · Dec 15, 2014

Gerald Martin said:
Well the only way I see to stop this type of outrage is to ensure that the filthy rich can't have too much power.... Take their money and give it to the poor. Oh where is Robin Hood when you need him?

I heard Sherwood Forest was bought up by the Wilkes Bros. earlier this year. Wouldn't have mattered anyway, turns out the only arrows in Robin Hood's quiver have lighted knocks.

---- · Dec 15, 2014

I think there's a lot of validity to what you're saying Gerald, although Nameless Range has some very good points as well.

If I were a betting man though, I think the general consensus at FWP would agree with Gerald on this one. Since the original purchase, hunting pressure has been a problem on the WMA. They almost went special permit for bulls on the WMA this year to try to help alleviate the problem.

I completely understand Nameless's perspective though, and have a hard time arguing with that logic.

Deleted member 20812 · Dec 15, 2014

Nameless Range said:
I heard Sherwood Forest was bought up by the Wilkes Bros. earlier this year. Wouldn't have mattered anyway, turns out the only arrows in Robin Hood's quiver have lighted knocks.

Now that's pretty damned funny

Topgun 30-06 · Dec 15, 2014

^^^Now that's pretty damned funny!

It sure was, LOL!

MTsage · Dec 15, 2014

Nameless Range said:
I heard Sherwood Forest was bought up by the Wilkes Bros. earlier this year. Wouldn't have mattered anyway, turns out the only arrows in Robin Hood's quiver have lighted knocks.

That's good stuff nameless.

I personally like the idea of less vehicle access to improve hunting on portions. Maybe FWP could allow mid day game retrieval to a point in that area.

BuzzH · Dec 15, 2014

Looks like Nameless Range drank plenty of coffee this morning...funny stuff.

katqanna · Dec 15, 2014

Gerald, I am not complaining about a rich person buying land in Montana. What I am hoping to impress, by certain news articles, is the colonialism that is taking place, radically changing Montana. Another thing I would like to impress is that new landowners may not agree with or do business as a previous landowner did, so you cant bank on landowner goodwill or hospitality.
When FWP buys these WMA's, we need to secure legal access immediately to guarantee public access, not just administration access. The public needs to be aware, be vocal and active with FWP, the Commission, etc., to ensure our public access rights are also purchased, otherwise this kind of thing is going to continue to happen and in some cases cost FWP, our sportsmens dollars, in litigation (like the Marias River WMA) to make sure we retain it.

As to what we can do, I dont know if anyone has looked into that road, if there is a prescriptive easement on it or not that can be applied, but then if there was, it would probably have to be litigated and again, that means sportsmens dollars.

With that said, here is a map of Spotted Dog now. FWP Map that can be rotated and zoomed, as well as their regulations about the WMA. You can easily see the access from Trout Creek, Freeze Out Lane and Spotted Dog - all accessible to WMA parcels from county or other public roads. The lower access point from Jake Creek is what was closed, just means more driving from a certain direction and a wee bit more hiking, which is not a problem for some.

Gerald Martin · Dec 15, 2014

When FWP buys these WMA's, we need to secure legal access immediately to guarantee public access, not just administration access. The public needs to be aware, be vocal and active with FWP, the Commission, etc., to ensure our public access rights are also purchased, otherwise this kind of thing is going to continue to happen and in some cases cost FWP, our sportsmens dollars, in litigation (like the Marias River WMA) to make sure we retain it.

I'm in full agreement with you there Katqanna. Again, I wasn't trying to pick a fight with you. My attitude about this one access point being closed by a landowner would be radically different if it was the only way to access the property.
I do think he should be way down on the list when it comes time to allocate grazing rights in the future.

Gerald Martin · Dec 15, 2014

I heard Sherwood Forest was bought up by the Wilkes Bros. earlier this year. Wouldn't have mattered anyway, turns out the only arrows in Robin Hood's quiver have lighted knocks.

:W:I yield to your superior wit, sir. That's tag line worthy right there.

katqanna · Dec 15, 2014

Gerald, no worries, I didnt take it as picking a fight, I just wanted to clarify my motives in case anyone wondered. I recognize a persons or groups right to buy what is for sale. I dont like the actions I see with some of these new landowners and what they are doing to access, like this guys intentionally buying the land that would cut off access when he didnt get to graze.

Now, while litigation may be necessary, I prefer to be proactive, rather than defensive, so after seeing a number of these cases recently, think we need to watch out for this and make sure it is guaranteed, rather than have it bite us in the ass later.

And I agree Gerald, other access points are there, would be worse if there were none. As a Backcountry Hunter & Anglers member, I appreciate the harder to get to areas and the opportunities it presents. This hunting season, I was a wee bit judgmental driving to some friends houses in the boonies, when seeing 4 wheel drive vehicles crammed with hunters, guns pointing out of the windows, tearing around the roads and some pastures looking for easy game to shoot from the roads. I was sorely tempted to feign wide ass suburban mechanical problems in the middle of the narrow road. ;P

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