New Law Addresses What’s Fair From the Air for Montana Hunting

When technology tangles with tradition, legislation like this is bound to take flight.

Brett French, Outdoor Editor of the Billings Gazette, shared the interesting go-round in the Montana House over hunting ethics pertaining to aerial scouting for Montana game via drones, helicopters and planes. It all seemed pretty straight-forward, until a Senate Bill was signed by the governor, while another seemingly similar House Bill was vetoed.

Brett tells us that Senate Bill 106, revising laws related to the use of manned and unmanned aircraft while hunting, easily passed the Senate 48-2 and the House by a vote of 98-1. On May 8, Governor Greg Gianforte signed the bill which should go into effect October 1 of 2025. However a week later he vetoed a similar measure, House Bill 202, generally revising laws related to the unlawful use of aircraft for hunting, which also had broad support in the Senate and House.

Senate Bill 106, sponsored by Senator Denley Loge, Republican/St. Regis, and a legislative analyst thought the two separate measures could be meshed. Certainly, they attacked similar problems. House Bill 202, sponsored by Representative Courtenay Sprunger, Republican/Kalipsell, was aimed at reducing the ability of hunters to scout game from an aircraft, land and hunt, as well as the use of drones, also known as unmanned aerial vehicles or UAVs, to scout for game.

WHAT MOVED THE GOVERNOR'S PEN OPPOSITE DIRECTIONS?

Governor Gianforte said although HB 202 was a “well-intended piece of legislation,” if enacted it would have cancelled out some of the prohibitions outlined in SB 106.

According to the governor, “First, House Bill 202 would void the prohibitions in Senate Bill 106 against landing aircraft on state and federal land in violation of applicable travel plans and against hunter interference by aircraft, including drones.

“Second, House Bill 202 does not include Senate Bill 106’s provision that requires written landowner permission to land aircraft for hunting purposes on private property.  While these actions violate the law, Senate Bill 106 makes it possible for violators to lose hunting, fishing, and trapping privileges for these offenses."

Arguments can be made that losing hunting, fishing, and trapping privileges is often a more effective punishment than financial penalties. As such, in the eyes of Governor Gianforte, Senate Bill 106 not only protects Montana's tradition of fair chase, it also includes private property protections that House Bill 202 would not.

Hunters, whether your opinions are at ground level or have eyes in the sky, Brett French's article offers some intriguing arguments. The article in its entirety can be found here.