Recognizing the importance of providing clear and consistent guidance on balancing lawful sportsmen’s access to hunt, fish and trap while meeting the needs of grazing lessees on millions of state-owned acres as they manage their State Land leases, businesses and protect their investments on the land, the Arizona Game and Fish Department and Arizona State Land Department have announced completion of a protocol that clarifies standards under which motor vehicles may properly access State Trust land.
Highlighting the need for close cooperation by the two agencies is the fact that the State Land Commissioner and the Arizona Game and Fish Commission both have management responsibilities over State Trust land. On one hand, the State Land Commissioner has broad statutory authority over all State Trust land, including the ability to close lands and prohibit access.
On the other hand, the Arizona Game and Fish Commission has statutory authority to make decisions regarding access to State Trust land for hunting, fishing and trapping.
These dual authorities can be confusing and the two agency directors agreed that the confusion would continue to exist unless the two agencies developed a process to collaborate on solutions to public access issues on State Trust land. The protocol does not expand or diminish the management purview of either agency.
The Land Department continues to have charge and control over all Trust and sovereign lands owned by the State and the natural products of State Trust land and the Game and Fish Commission continues to have authority to manage wildlife, including access for hunting and fishing.
The protocol affirms that most ranchers, farmers and sportsmen authorized to be on State Trust land are responsible users and that the agencies will continue to encourage and enforce responsible use to prevent vandalism, trash dumping and other harm to the land and ranch infrastructure, such as wells, tanks, fences, roads, etc., which sadly occurs at the hands of a comparative few irresponsible parties.
Both agencies expressed hope that the protocols will prevent future disagreement and misunderstanding, as State Trust land is managed under a multiple-use doctrine with different land use instruments issued for any given parcel. The protocol defines communication pathways between the two agencies, as well as mandates specific, individual communication with State Trust land lessees where access concerns exist.
“I am proud that our two agencies are working together to have discussions that can identify appropriate actions on issues related to vehicular access to State Trust lands and protection of the rights and property of ranchers who help manage State Land through their leases. By engaging with each other and with partners, I believe the State Land Department will be able to preserve and enhance the value of State Trust lands, wh i l e a l s o protecting ranch infrastructure and the interests of the State Land grazing lessees,” Lisa Atkins, State Land commissioner said.
“I believe we owed the public and State Land lessees a consistent and repeatable process for resolving issues surrounding access to State Land that will balance the need for access to State Land for hunting and fishing while conserving the values of State Trust Land and the businesses that are operated on those lands,” said Ty Gray, director of the Arizona Game and Fish Department.
The Arizona Game and Fish Department is part of the executive branch of Arizona state government. State law mandates that the Department manage Arizona’s wildlife resources, regulate watercraft use and enforce off-highway vehicle laws.
The Department implements rules and policies; taking actions to conserve, preserve and manage wildlife; enforcing laws that protect wildlife, public health and safety; providing information and safety education programs and developing partnerships. The Department works in cooperation with sovereign tribes, local government, private land owners, other states and nations.
K-12 public education is by far the largest of 13 beneficiaries of Trust land managed by the Arizona State Land Department, whose mission since 1915 is to manage the assets of a multi-generational perpetual trust in alignment with the interests of the beneficiaries and Arizona’s future.
All uses of the land and resources held in the Trust must benefit the Trust, a fact that distinguishes it from the way public land, such as parks or national forests, may be used or managed.
While public use of Trust land is not prohibited, it is regulated to ensure protection of the land and its resources and compensation to the Beneficiaries of its use.
Today, the Arizona State Land Department pro-actively manages more than 9.2 million acres of Trust land, which is 13 percent of the land within the state of Arizona.
