MISSOULA — A coalition of individuals and conservation groups is asking Montana Fish, Wildlife & Parks to press charges against Powell County for driving an ATV for miles down the Blackfoot River.
On Monday, five Montanans and 15 representatives of conservation organizations sent a letter to FWP director Christy Clark and U.S. Fish and Wildlife Service Field Supervisor Amity Bass asking them to pursue criminal charges against a weed-removal company hired by Powell County.
In addition to driving an ATV in the Blackfoot River for almost 10 miles a week ago, the crew was filmed using backpack sprayers to spray herbicides along the riverbanks right next to the river, according to the Missoula Current.
The Blackfoot River is designated as critical habitat for threatened bull trout, and for the past two summers, native fish have been under pressure due to severe drought and extremely low river levels. Two days prior to the incident, FWP had placed hoot-owl fishing restrictions on the Blackfoot River, restricting fishing to the morning hours due to high water temperatures and low stream flows.
Driving an amphibious Sherp ATV with giant tires through the stream only added to the stress this summer. One commenter said Sherps float when the depth reaches 2 feet, but others pointed out that most of the Blackfoot River is now more shallow than 2 feet. The Sherp motto is “Obstacles do not block the path, they are the path.”
“This use of motorized equipment in the river violates every rule of common sense and should never be permitted. The fact that they were apparently carrying and applying herbicides while mucking up the river simply adds insult to injury,” said Keith Hammer, chair of the Kalispell-based Swan View Coalition and an original petitioner to have the bull trout listed under the Endangered Species Act.
A week ago, anglers and conservationists reacted strongly to a social media video of a large Sherp ATV driving down the middle of the Blackfoot River. Fishing guide Kyle Rausch filmed the ATV as it trundled through the middle of the River Junction fishing hole, churning the water and startling mergansers into flight.
The fishing line of one of Rausch’s clients can be seen about 15 feet from the ATV as it rolls by, and Rausch is heard saying, “He’s rolling down right where all the bull trout sit right now.” Rausch noted that he “played leapfrog” with the ATV down the river for a couple hours. The vehicle reportedly generated numerous sediment plumes.
“All the weed control businesses I know use boats and rafts. This was tearing up the river so bad, we had to wait every time it would cross the river upstream of us due to the mud and moss it was churning up. I would share this and get the word out; we don’t want this kind of crap tearing up our river!” Rausch wrote in his Instagram post.
A few days after the event was reported, FWP announced that the vehicle wasn’t authorized to enter the river. FWP did not say whether any legal charges would be filed.
“The video shows a weed control coordinator contracted by Powell County,” FWP said in a statement. “Once our fisheries staff was made aware of the video, and after further investigation, they reached out to Powell County to immediately stop the use of a vehicle driving in the river. Staff quickly determined the actions exhibited in the video required a special stream permit, specifically a Stream Protection Act permit 124, which the county did not have.”
The letter sent on Monday requests that FWP take legal action.
“We encourage you to pursue criminal charges. If the driver had driven just once across the river from bank to bank, a warning may have sufficed. In this case, the magnitude of the offense requires action that will serve as a deterrent to potential future events. Ignorance of the law is not a valid defense,” the letter states.
Those signing the letter included Greg Price, Brett Haverstick and Fred Rice of Missoula and Dan Vermillion, fishing guide and former FWP commissioner. Also represented were the Swan View Coalition, Friends of the Wild Swan, Flathead-Lolo-Bitterroot Citizen Task Force, Friends of the Bitterroot, WildEarth Guardians, Wilderness Watch, Friends of the Clearwater, Yaak Valley Forest Council and Montana Wilderness Education School.
Contact Laura Lundquist at lundquist@missoulacurrent.com.
