Incident at Milesnick's could reignite debate

I heard this morning that an angler on the MZ- Ranch - better known as Milesnick's - was recently electrocuted when his fly rod touched a power line. It is a horrible, unfortunate incident about which details are sketchy, but Tom Milesnick confirmed to me via e-mail that there is a lawsuit pending from the angler or his family, and that he could not comment further.

He also confirmed that access to fishing and hunting on all of their properties has been suspended pending the outcome of the lawsuit. If the outcome favors the unfortunate angler, they may never allow access again.

Thompson Spring Creek, just above its mouth.

The Milesnicks allow access to two spring creeks on their property north of Belgrade, Montana for a fee, and have a sign-in system that allows anglers free access to their property on the East Gallatin River.

They have a longstanding record of cooperation and allowing access to anglers. They are model landowners from sportsmen's perspective, which is why burning the bridge to them would set a scary precedent for the other pay fisheries including Armstrong's, Depuy, and Nelson's spring creeks in Paradise Valley and other creeks and lakes on private property statewide. Moreover, it sets us up for another stream-access battle.

The Montana Fish Wildlife and Parks brochure on stream access does say: “the Legislature has limited the situations in which a landowner may be liable for injuries to people using a stream flowing through his property...The law states that landowners and others covered by the restriction on liability are liable only for acts or omissions that constitute ‘willful or wanton misconduct’.” So to rule against that (which would be the cast if the angler wins), would be a ruling that directly contradicts the stream access law. Once that seal is broken, the rest of our beloved law could be up for grabs.

Let me be clear, however, that many details about the incident and litigation are not known at this time.

In my opinion, anglers need to take responsibility for themselves, and if and when an accident occurs, they shouldn't seek reparations from those who allowed them to be there (not that it's anything new or unique to Montana or fishing). It's a tragedy and I feel for the angler and his family, but responsibility should not be spread where it does not belong, especially when so much is potentially at stake.

UPDATE: As of 2014, the land is no longer open to access the creeks via a rod fee. Apparently, so the goes the story I've heard, the property is under the management of different family members who are not interested in this aspect of the business. The creeks should still be open to fishing, as they still fall under Montana's stream-access law. Access, however, must be gained legally which can be difficult here (thus, the advantage of paying the rod fee - you could hike across their property to the creeks).

Indecision Montana

“Killed on salmon dries lyons to pal yesterday,” said the text message that beeped at 11:49 on Wednesday morning, kicking off another round of agonizing decisions about where to fish this weekend. Make no mistake - this is serious soul searching. Anglers must look deep within themselves to sort out simple desires from absolute biological necessities.You could leave wondering if it might've been better elsewhere, and that can haunt you (for a week or so). Join me on last week's decisions...

One buddy wanted to float the Jefferson, but instead decided to scout a potential gem around Missoula. It's his boat, so the Jeff is out, and would be tough anyhow (not that that's ever stopped anyone before).

Raynolds and $3 on the upper Madison are out as I don't like to fish the same place consecutively even though I received glowing reports from buddies: Ben at the Chronicle; Will with Montana Sporting Journal.

The Gallatin is coming back into shape, but still not great. And tough wading.

The Missouri is always an option, but will be busy, and apparently hasn't been great lately.

The Big Hole is there, but is still pretty huge, so it's tough without a boat.

The Blackfoot sounds good to me – back in shape, big, green, fishing well. Salmonflies are late here as everywhere else, so there's definitely a shot.

The full spectrum of drakes are on the Bitterroot.

The Yellowstone is still blown out - that helps.

A certain Smith River tributary was mentioned, as was a certain Big Hole trib, a certain Blackfoot trib, and few certain other tributaries. But all require a long drive and a hike - not sure that'll work this weekend.

And I still haven't set foot in the park yet this year.

Woe is me. How does one winnow out the best from the rest? Fly fishing isn't supposed to impose these burdens.

I ended up at a couple townie streams on Friday, the Beaverhead on Saturday, and the East Gallatin on Sunday. I didn't shower all weekend so I smell like whitefish turd (but I saved on sunscreen).

Too many people in your neighborhood, in your neighborhood...

There are now only 10 weeks left of summer and thousands of miles of water to be fished. So it begins again...