Illegal OHV use subject of proposed legislation

Perry Backus

A new state law would target people riding off-highway vehicles on lands closed to motorized travel all year round under legislation being considered in Helena.

Under the current rules, Montana Fish, Wildlife and Parks wardens limit their enforcement of illegal motorized travel on public lands to hunting season. HB 614 would change that.

Introduced by Rep. Gary MacLaren, R-Victor, at the request of the Montana Bowhunters Association, the bill would create a specific state statute addressing motorized travel in areas closed to off-highway vehicle use.

FWP’s Chief of Enforcement Jim Kropp said current rules allow state wardens to ticket OHV users travelling closed areas during hunting season. The proposed legislation would expand that authority year round.

The bill has support of both quiet and motorized outdoor recreationists.

“We supported it,” said Dan Thompson of the Ravalli County Off Road User Association. “We’ve seen violations on the forest by motorized users and others as well.”

Increased enforcement and stiffer penalties may help some to alleviate the problem, Thompson said.

Greg Munther of the Montana Bowhunters Association said that organization hopes the legislation will close a loophole that has kept the law from being enforced.

“We think this has been a very clear omission,” Munther said.

Currently, Munther said most off-highway vehicle violations are addressed in federal courts.

“Those courts are often very busy and therefore some of these cases end up not being heard,” Munther said.

In the Bitterroot, Munther said there are between 200 to 300 complaints of illegal off-highway use in closed areas.

“Very few of those are prosecuted,” he said. “We think it’s a loophole that needs to be plugged.”

“Illegal off-highway vehicle use is an issue all across the West,” Cropp said. “There are a lot more riders of off-highway vehicles than there were in the past … there are a certain amount of problems that come with that increased use.”

At the same time, there are not as many places open to off-highway vehicles and those that are have become more congested, Cropp said.

Under the proposed legislation, the fine for illegal off-highway vehicle use in a closed area would not exceed $500 or six months imprisonment in a county jail. The revenue for the fines would be split in half between the state general fund and the county where the citation was issued.

Even with a new law, Cropp said the state’s game wardens won’t be able to spend much time addressing the issue due to a lack of funding. FWP receives a portion of OHV registration fees to help pay for enforcement, but Cropp said that since OHV owners pay a single permanent fee for registration, that funding source has been drying up.

Any enforcement of illegal backcountry use by OHVs would occur incidentally to other work being done by state wardens, he said.

The bill has been referred to the House transportation committee.

Source: http://www.ravallirepublic.com/articles/2009/03/09/news/news94.txt

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