BUSINESS REPORT
MONTANA SENATE 65th LEGISLATURE. REGULAR SESSION
SENATE FISH AND GAME COMMITTEE
Date: Tuesday, January 10,2017 Time: 3:00 PM Place: Capitol Room:422
BILLS and RESOLUTIONS HEARD:
SB 84 - Extend the paddlefish roe donation program - Sen. Steve Hinebauch
EXECUTIVE ACTION TAKEN:
SB 52 - Do Pass
Comments: MONTANA STATE SENATE Roll Call FISH AND GAME COMMITTEE
DATE:
NAME PRESENT ABSENT/ EXCUSED
SENATOR JENNIFER FIELDER. CHAIR v' SENATOR JEDEDIAH HINKLE, @IR ,r/ SENATOR MIKE PHILLPS,@ ,/ SENATOR JILL COHENOUR L/'
SENATOR TOM FACEY ,r/' SENATOR STEVE HINEBAUCH SENATOR DAVID HOWARD U- SBNATOR EDIE McCLAFFERTY l,/ I,t,,'' SENATOR CARY SMITH I {1^., 4) SENATOR CHAS VINCENT ,.t' - ,.r.r-' ' SENATOR JEFFREY 4"' WELBORN l)5 ,* ?.*
S:\201TCommitteesecretaryFolders\Fish and Game\Fish & Game\CommRollCall.Fish.20l TDRAFT.wnd SENATE STANDING COMMITTEE REPORT Januarv 10.2017 Page I of I Mr. President:
We, your committee on Fish and Game report that Senate Bitl52 (first reading copy -- white) do pass.
Committee Vote: Yes 11, No 0 Fiscal Note Required X
SB0052001SC. s-i c MONTANA STATE SENATE Visitors Register SENATE FISH AND GAME COMMITTEE
Tuesday, Janua ry 10, 2017 sB 84 - Extend the paddlefish roe donation program Sponsor: Sen. Steve Hinebauch
PLEASE PRINT
. ^ ., Name Representing Support Oppose Info :4? r*,lu:q .,{'' l/hr,,no/."r' 4 We ^ r -2,fu'-rw b] D 6.?u 4 t/', Arit."'r;'Z L//// & lrrrr l?ur, n il\I-*l/ owL)an X i-1 rJ x". '13.,bG.\b;"rt W'V, ffi. "" 6Lc:ddf-re \ \ \ F\ \- - -\
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Please leave prepared testimony with Secretary. Witness Statement forms are available if you care to submit written testimony. Additionrl Documentl SENATE: Fbh & Gams Detei (-tvt/, -'t-,F BiflNo. 5b- 5D sB Bill s0 January 5,2017 Presented by Hank Worsech Senate Fish and Game Committee
Madam Chairman and committee members, I am Hank Worsech, License Bureau Chief for the Department of Fish, Wildlife and Parks (FWP). I am here today on behalf of the department in support of Senate Bill 50.
Senator Pomnichowski has introduced SB 50 at the request of the department. This legislation,
by allowing for the option of digital tags and validation, will allow the department to adapt to changing technology and consumer expectations.
During the last legislative session SB 46 was passed, which allows hunting and fishing licenses
to be displayed on a smart phone or other electronic device. Public response to this option has been very positive. Passage of SB 50 would be the first step to allow the department to explore the electronic validation of any hunting license or tag issued electronically for a game animal or wild turkey. The department will work with an internal group and the public to ensure all ,1hat if' questions are addressed. The department will be contacting other states who have either moved to electronic validation or are considering it, and the intemal working goup will incorporate those experiences into its recommendations as well, along with the recommendations
of our technology partners, Montana Interactive. The department sees digital tags as another option for customers who rely on smart phones and other mobile devices in their daily lives. Some of the additional potential benefits include: timely harvest survey information, more accurate validation information, and cost savings in printing and license fulfillment. This would
not remove any of the requirements to purchase and hold a license; all transactions are processed
and verified through the Automated Licensing System (ALS). SB 50 would allow hunters more flexibility and ease of compliance, and allow us to provide better customer service.
Mr' Chairman, I'd like to thank Senator Pomnichowski for sponsoring this bill, thank the committee for its time today, and the department requests a',do pass" for SB 50.
January 9,2017 Additional Documentr SENATE: Flrh & Game Pat Christian t0 t4 Senate Fish and Game Committee frrra' 1- - g7 P.O- Box 200500 Bitf l{o. 5t3 Helena, MT 59620-0500
Dear Montana Senate Fish and Game Committee Members,
This letter is to issue our support of SB 84 presented by Senator Steve Hinebauch. This bill seeks to extendthe paddlefish roe collection progrcm through 2A28. The current legislation that allows for the collection ofthe roe, ulhich funds the Yellowstone Caviar Grarit program, sunsets in 2018. We believe it is in the best interest of our communities and the program itselfthat the extension be granted for a minimum of l0 years rmtil the 2A28 date in Senafor Hinebauch's bill.
Eastem Plains Economic Development Corporation (EPEDC) is a non-profit organization that promotes economic development in the cotmties of Carter, Dawsorg Fallon, Prairie and Wibaux. We strive to work with local officials and private businesses, as well as other non-profil organizations to meet the needs of our nral communities" Since 1991, the Yellowstone Caviar progfilm has granted $938,000 to over 200 non-profits in 15 Eastern Montana Counties. In the five cormties serviced by EPEDC over $700,000 has been awarded to non- profits and their projects since 1991.
The Yellowstone Caviar Grant progr€rm is absolutely vital to the comrnunities impacted by the paddtefish. It is through tbis program that education and conservation efforts are communicated to tle locals harvesting the paddlefish" The popularity ofpaddlefishing has raised efforts to protect and enhance spawning habitat in the Yellowstone.
The projects fimded by this progrcnn have included the building of a multi-rse cowt in the commurity of Fallon" promotion of Glendive's Dino Days Festival, and bringing the Missoula Children's Theater to the Wibaux Schools, among numerous others. The firnds provided by this legislation promote recreation, community spid! the sciences and the arts. Few grant programs offer the diversity and widespread impact as the Yellowstone Caviar Granto to hinder such a program would be devastating to the residents of the area
We sincerely hope that SB 84 is passed with enthusiasm and pride for all it has done and will do in the future- If there is anything else we can do to show our supporf please do not hesitate to ask.
Sincerely, 3r)r\t kir?- BethEpley Executive Director, EPEDC Additional Documenb SENATE: F|rh &Game Christian, Pat t' l o oatel '+ , Etttuo. From: The Gallery
To whom it may concern:
I am sending this e-mail in support of extending the paddlefish roe collection program, 5884. Dawson County Arts Unlimited, Inc is a non-profit organization located in Glendive, Mt. Our purpose, in a nutshell, is to promote local and area in all provide art forms, quality educational opportunities for the public and for area schools, and providing a location and support group to facilitate the attend in our area. Our membership runs between 80 and 100 members. We own and operate a mainstreet business, The Gallery provides a place for artists to display and consign their artistic works for sale, for area groups and organizations to meet, a room for educational classes, and a location for art and fundraising events to be held. We are a volunteer driven organization and business.
years, Over the grants provided by the paddlefish roe collection program have allowed our organization to successfully apply and receive monies for projects to enhance our building and thereby enhance our ability to fulfill our goals. These monies have helped with projects that include special lighting for displayed artwork and improved lighting for our meeting room/classroom; a new computer system; a facelift to our building front on Merrill Ave and other projects too expensive for us to accomplish on our limited budget. One annual event held annually here at the Gallery in May, the Soup-er Bowl luncheon, is a collaboration between our organization, Dawson County High School art classes and the consumer science class, Farm to Table Store,'and Boys and Girls Club, with proceeds going to the Boys and Girls Club. Events such as these are very important to this community, and DCAU's ability to participate and host these events is greatly helped by being able to provide a suitable location to hold events such as this.
Your time and efforts to evaluate programs such as at the paddlefish roe collection program, SB84 is understood and appreciated as we all strive to make Montana a better place to work and live. I know you understand the importance of programs such in communities around the state, and hope this SB84 can be continued. Thank you for allowing me to voice my support for 5884.
Please distribute this e-mail to every member of the hearing committee and also I ask that it be read into the hearing,s record.
Thank you, Sandy Silha 2017 co-chairman for Dawson county Arts unlimited, Inc. executive board Additionel Documentt SENATE: Fbh & GAME Dato: ,t,J-9-* t4 January 8,2017 g'l Bill No. 5q Dear Fellow Montanans and members of the Fish and Game committee,
As an avid sportsman, long paddlefish time Glendivian, and member of the Grant committee, I am asking for your support of sB 84, the bill to extend the paddlefish roe collection program through 202g.
I well remember before the roe collection program started in 1991, the situation that occurred every spring at paddlefish snagging time. tt was the wild west in many ways, these big sport fish on their spawning run up the river, big treble hooks and sinkers flying through the air and excited anglers with bent rods fighting their fish in the fast current. That part still goes on, and it is a thrill to land a fresh water fish that averages 50 lbs! There used to be a dump trailer there to throw the carcasses of filleted fish in and the whole scene was raw and unfiltered to say the least. Most peope did not use the roe, so it was relegated eventually to the land fill, serving little use but to build up the terra firma at the dump.
Since 1991, and the collection , processing and setling of the roe, over 200 non profit groups and organizations in 15 Montana counties have been the recipients of S93g,000 through our grant program. I personally have seen the great good, the dynamic impact of many of those grants in several communities! Taking what had been a resource that was not being used in most cases, and turning it into a source of funds to benefit so many has been an exciting and rewarding thing! oftentimes the funding we would award applicants would be matched by them both in money and sweat equity, and I know that many projects ,,seed,, ,, would never have gotten offthe ground if not for our money that got the ball rolling. Adhering to the guidelines we were given as a committee, we have helped out everything from the Lions Camp in Makoshika State Park, to youth recreational programs such as hockey, baseball and wrestling, to cultural programs that benefit atl ages, and the list goes on and on. lt truly has been a blessing to so many volunteer and community groups!
In my mind, we took what had been a wasted resource, processed it into a saleable commodity, and encriched many lives with the proceeds. lt is taking lemons and making lemonade, please help us continue this worthy program.
Sincerely,
Kevin McGovern
95 Parkview Drive, Glendive, Mt. 40G 377 46g3 ''.,.' 'j.: Additionel DooumonE SEI{ATE: Flrh & Game
@r$@sl Active Communities
Montana Legislature Jan.9,20L7 Senate Fish & Game Committee [email protected]
Re: SB 84 Dear Fish & Game Committee:
Please renew the paddlefish roe harvesting for at least 10 more years. It has been one of the great successes of the MT legislature from the 90s. It is well managed so the paddlefish aren't endangered. FWP starts shutting down fishing when 800 fish are caught so we never go over the 1000 limit.
Thifty plus years ago when you went to Intake Fishing Access paddlefishing, the stink and garbage of fish guts was disgusting. Now paddlefish eggs are the best'.value- added" local product ever, 200 Eastern Montana non-profitJ irom 15 counties have received over $900,000 from caviar revenues to match their ideas, labor and local fundraising.
Building Active Glendive, walking-biking advocates, received its first grant in 2006 for trail signs cemented in wheel hubs by the boy scouts, In 2016 we added two kiosks of trail maps in Makoshika State Park plus wayfaring signs downtown to encourage walking.
Please also consider removing the $10,000 expense limit put on the Glendive Cham- ber by FWP. Chamber records used to be audited annually to be sure all expenses are legitimate and that system worked fine. At $10,000 the chamber's expenses to service, process and sell the caviar can cost more than they receive.
Sincerely, veggg tba Building Active Glendive Chairman Additional Documsntr
From: Myrna Kintz < [email protected]> Oate: {- ,4 - /a Sent: Monday, January 09,20L7 10:52 AM g Bitf 1{o. To: Christian, Pat _- ,54 7 Subject: Fwd: SB 84
Please disregard the first copy of this letter in which I keyboarded an enoneous date. I did mean it to read 202g. apologize I for any inconvenience this may have caused. Please send this to your entire committee.
Begin forwarded message:
From: Myrna Kintz
Senate Fish and Game Committee:
I am writing to you as a concemed citizen of Glendive, Montana, in regard to SB 84 canied by Senator Steve Hinebach.
The bill would extend the Yellowstone Caviar Program to2028. Over the years the program has been in operation, it
has been a positive force for quality of life organizations in Eastem Montana, benefitting our library, art gallery, parks, and
many other entities, We absolutely need the help in maintaining these organizations which mean so much to the
citizens of our town and area. Please give this your most serious consideration. We need the assurance that this
program is in place till2028 and hopefully beyond.
Sincerely, Myrna L.Kintz Retired Teacher Additionrl Documentt SET{ATE: F|ih &Game
From: Todd Opp
Please distribute to full committee
Dear Sirs:
On behalf of the Glendive Tennis Association, we ask that the paddlefish roe collection program be extended for another 10 years as Senator Hinebauch is introducing with SB84. Our non-profit organization has greatly benefited from this program with over 525,000 in grant dollars which enabled us to provide tennis programs, clinics, etc. over the years and is currently helping fund a resurfacing projects for all 10 courts in Glendive. Without these grant funds, none of this would be happening and the lifetime sport of tennis would be disappearing from our community.
just We are one of the beneficiaries of these grants, as we see many other programs are able to sustain and thrive with the help of these grant dollars. Please support keeping this avaitable going forward.
Thank you for the opportunity to voice support.
Sincerely- foeht1ltyt Todd Opp
Glendive Tennis Association- President Additionrl Documanb SEI{ATE: Fbh & Game Christian, Pat Drte: (-(o - (+
From: Ryce, Eileen Sent: Friday, January 06,20L7 3:40 PM To: Christian, Pat Cc: Bond, Jennifer; Sihler, Paul; Worsech, Hank; Facey, Tom Subject: SB5]. Attachments: 585L requested info from Comm.pdf - Adobe Acrobat pro.pdf
Ms Christian, per As the request from Chair Fielder I have attached the additional information that was requested during the Hearing yesterday on SB 51. Attached you will find a copy of the packet that is mailed out to the Commercial pond owners to renew their permits, it includes a letter stating the reporting requirements and the reporting form. you will notice I have blacked out any sensitive information (ALS #'s, names, addresses, etc.). Please distribute this to the Committee members. Also requested by Senator Vincent was copies of completed reporting forms, I have those available and can person share those in with Senator Vincent or any of the other Committee members, I am reluctant to share them electronically due to sensitive information contained on those forms. Thanks,
Eileen Ryce Fisheries Division Administrator Montana Fish, Wildlife & Parks 1420 East 6th Ave., Helena, MT 59620 Tel:406444-2448 I eMqnrla trtstt, lffddW@,Pcrte
Fisheries Division, P.O. Box 200701, Helena, MT 59620-07A1 Phone: (406) 444-2449 Fax: 406-4444952
December ?:0,2016
PondLicense:-Il
Dear Commercial Pond Permittee,
Your commercial fish pond license expires February 28,2017. Please return your completed renewal form, a $10 renewal application fee, a report of all sales and purchase transactions for 2016, and a coqporate surety bond for $500 to FWP at the address above by January 31,20t7.
MCA 87-4-603 requires a report of all commercial fish pond transactions for the prior year be submitted to the department by January 31,2017. Your report should inslude accurate, complete and legible records ofl
a. The species and quantities of fish or eggs sold or purchased: b. Dates of sales or purchases; U. Names of the pond owner and pond permit # (if applicable); and d. Locations to or from which fish or eggs are transfened; and/or the location of the private pond.
Blank reporting forms are included and an electronic form is available upon request. If you would like an electronic form, please email [email protected]. Please indicate if any of the sales were of dead fish.
Live fish can only be transferred to waters that have been authorized for planting by the state. Private fish ponds may only be stocked when the pond owner holds a valid private pond permit. The department designates the species of fish that can be released into the pond. Wc are requesting that prior to stocking a pond you ask to see a copy of the pond license to ensure that the pond is licensed and that the correct species of {ish is being stocked. The pond license number should be noted on your report form.
A corporate surety bond for $500 is required to allow you to continue to sell live fish, fry or eggs. Either a continuation certificate or a new surety bond to the State of Montana will be accepted. The surety bond should be valid for the duration of your annual license. A blank surety bond has been included with this packet, the bond needs to be completed by your insurance company and notarized.
If you have any other questions, please feel free to contact me.
Si;-.-,:rely, ErLL Eileen Ryce Fisheries Division Administrator Enclosures: Renewal form Blank Surety Bond Reporting form ficr fish sold and purchased MCA 87 -4-603, 87-3- I 05, 87 -5-7 0l through 87 -5 -7 03, 87 -5 -7 | | &forSnqg, lFtstl, qfrdry@,ftrtg
COMMERCI.AL FISH POND LICENSE RENEWAL FORM. $1O.OO FEE
A Commercial Fish Pond License is required to sell live fish from a commercial fish pond. A commercial pond that sells fisl1or fish products must comply with reporting requirements as outlined in MCA 874-603 and should also fumish a corporate surety bond to the state for $500.
NOTE: No live fish or fish eggs may be sold or distributed from any commercial facility in Montana until fish from the pond or facility have been tested and found free of fish pathogens or other organisms prohibited for transport such as aquatic invasive species. Disease testing must be conducted to meet requirements of the Administrative Rules of Montana (ARM 17.7.502-507). Include a copy of your fish health ceftificate with this form if you intend to sell or distribute live fish or fish eggs.
Name (please print) ALS# r
Name of Business PondLicens.* E
Address Phone Number
City, State Zip - Email Address
Do you intend to sell fish or fish products from your facility? Yes No
Check that the follorving have been included rvith your completcd renerval form:
S'urety bond for $500 Fish Health certificate $10.00 Application Fee Sales/?urchase Record
Signature
Authoriz*tion to Includ-e Na.lne on List for Public Distribution:
Montana larv prohibits the department from compiling lists of names for public distribution without permission of each individual. If you wish to be included on the list for public distibution, please sign the statement below. You will not be included on the list if you do not sign.
I authorize Montana Fish, Wildlife & Parks to include my name or business on the list of Commercial Fish Ponds for public distribution.
Signature Date
Rev. 10/13 9l.gt !"!tu January 3l of each year, a licensee who sells fish or fish eggs must file a report with Montana Fish, Wildlife & Parks which includes a record of all fish-andfish eggs purchasea and sold during the preceding year- e copy of the repoft must accompany this renewal apptication.
Show total numbers of fish purchased and sold below:
BROODSTOCK No. on Facillty Total No. at End ofYear Brood Fish I. ,.. .1.' elrFn"d"of Ygqr EoES I Fish Esos I FIsh EgEs Flsh Eons Fish. Brocid Eoos
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**Please make copies of form if necessary. Electronic forms are available by email request, livpli;lrf;nrt.qov.
Please return the completed form and all required forms to:
Fisheries Bureau Montana Fish, Wildlife & parks PO Box 20A701 Helena MT 59620-0701
If you-have questions concerning this form or the licensing process, please catl Montana Fish, Wildlife & parks Fisheries Bureau at 406444'2441 T_o about fish dlsease testing - ilguire requirements oi to schedute a fish health inspection, contact the Montana Fish, q6e-+sz-a:[,l.or wild:life & Parks Fish Health Labit write to: Montana Fish Health Lab, PO Box 2163, Great Falls, MT 59403. Rev. 10/13 lJ bt N3 u) q, cl !, OPoP- CLT !, !t frF H€ v, o rtt p!, rD rr olto o,tto€ . Fl m o 3 ft ,il o
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OE!C) E e; ol (CI F= o 5 3 :ll PrerJous Sec-tion MCA Contents Part Contents Search Help Noct Seclion
87-4-6A3. X'ish pond licensc for artificial lake or pond -- records. (l) A person who owns or lawftlly controls an artificial lake or pond or a private fish pond may apply to the director for a fish pond license. The holder of a private fish pond license may stock the fish pond with fish procured from a laufiil source. The department may designate the species of fish that may be released in the pond and otherwise condition the license if there is a possibility of fish escaping from the pond into adjacent streams or lakes. The license holder may take fish from the lake or pond in any manner. Before a license holder may sell fish or eggs or fry from the lake or pond, the license holder shall furnish a corporate surety bond to the state for $500, conditioned to the effect that the license holder will not sell fish or spawn from any of the public waters of this state or violate the conditions of the license and also conditioned to the effect that the license holder will submit an annual report on transactions to the director. (2) (a) "Artificial lake or pond" or "private fish pond", as used in this section, means a body of water that is: (i) created by artificial means or by a diversion of water that does not exceed 500 acres in surface area; or (ii) an instream pond that does not exceedj0O3gJg.S 1ylth-a-tributarv-spring or sbeam that does not support game fish or fish species of special concern; and (iii) not determined by the department to pose an unacceptable risk to game fish or fish species of special concern in adjacent waters. (b) The term does not include all other natural ponds or bodies of water, including streams or rivers and impoundments or reservoirs of or on a natural sbeam, river, lake, or pond. (3) An applicant for licensing of an instream private fish pond shall present to the department verification that game fish or fish species of special concern do not occur in the tributary, spring, or stream and that the instream private fish pond does not pose an unacceptable risk to game fish or fish species of special concem in adjacent waters. Verification must be in the form of: (a) a formal report from a department-approved professional fisheries consultant; or (b) other reliable data and documentation. (4) The department may condition the license to require the construction, implernentation, and maintenance of measures or devices to prevent fish in an artificial lake or pond from escaping into adjacent waters. (5) (a) A licensee who sells fish or eggs shall keep accurate records of: (i) the species and quantities of fish or eggs sold or purchased; (ii) dates of sales or purchases; (iii) names of purchasers or sellers; and (iv) locations to or from which fish or eggs are transferred. (b) On or before January 3l of each year, a licensee who sells fish or eggs shall file a report with the department, on forms made available by the department, summarizing the.records required under subsection (sXa). (6) A person who owns or controls an artificial lake or pond may reguest an inspection by the department to ascertain the presence of disease in fish or the illegal introduction of fish species. Whenever the department has reasonable cause to believe that a fish species in the body of water may have been illegally introduced or may have a disease that may affect fish in another body of water, the department shall notiry the landowner or landowner's agent by mail or in person of the intention to enter upon the land and shall enter only after notice has been given to the landowner or agent or after every reasonable effort has been made to notiS the landowner zurd receive permission to enter upon the land. Thereafter, the department may enter upon land under the provisions of this subsection for the purposes of inspecting the pond or the body of water, the species of fish in
Page 1 of 3 tbe pond or the body of water, the presence of disease in a fish species, the cousfuction of any impoundrnent, dam, or fish barrier, and the physical connection of an artificial lake or pond to ari adjacent natural lake, pond, or body of water, including a stream or river. The department is responsible for actual damages to any property. (7) If the department finds an illegal introduction of fish or the presence of disease in fish in a licensed fish pond, an artificial lake or pon4 or a natr:ral lake, pond, or body of water, the department shall consult with the landowner or the landowner's agent to determine the appropriate action unless an emergency exists. Lr an emergency situation, the department may order or take appropriate action to address any threat to the state's fisheries resources, including quarantinc or destruction of fish, eggs, or the source of a disease. Whenever privately owned fish are destroyed and the private owner is not responsible for an illegal introduction or the introduction of fish with a disease, the department may replace the destroyed fish without charge to the private ownsr. A landowner or agent who has granted permission for the department to enter is not considered responsible for an illegal introduction of fish or disease unless proved otherwise.
History: En. Sec. l4A, Ch. 238,L.1921; re-en. Sec. 3695, R.C.M. l92l; amd. Sec. 6, Ch, 77,L.1923: amd. Sec. l, Ch. 43, L. 1929;re-en. Sec. 3695, RC.M. 1935; amd. Sec. l, Ch. 125, L.1949; amd. Sec. 28, Ch. 5l l, L. 1973; amd. Sec. 32, Ch.9,L.1977; amd. Sec. 13, Ch. 417,L.1977; R.C.M. 1947,26-306; amd. Sec. 9,Ch.376, L. 1989; amd. Sec. 1, Ch.425, L. 1995; arnd. Sec. l, Ch. 108, L. 1999.
87-3-105. Repealed. Sec. 120, Ch.258, L.20ll.
History: En. Sec. 3694,3, RC.M. 1935 by Sec. 1, Ch. 100, L. 1949; amd. Sec. l, Ch. 153, L, l95l; amd. Sec. 2, Ch. I 13, L.1975; amd. Sec. 37,Ch,9,L.1977: amd. Sec. 13, Ch. 417,L,1977; RC.M. 1947,26:344(2); amd. Sec. t, Ch. 624,L.1985.
87-5-701. Purposc. The legislature finds that in order to protect Montana's native wildlife and plant species, livestock, horticultural, forestry, and agrioultural production, and human health and safety, it is necessary to regulate the importation for introduction and the transplantation or introduction of wildlife in the state and to regulate the importation, transplantation, possession, and sale of exotic wildlife. Serious threats, known and unknown, from the introduction of wildlife and exotic wildlife into Montana neoessitate the regulation of the importation for inhoduction and the transplantation or introduction of wildlife and regulation of the importation, transplantation, possession, and sale of exotic wildlife unless it can be shown that no harm will result from the importation, transplantation, possession, salg or introduction. Any importation, transplantation, possession, salg or introduction permitted must be conducted in a manner to ensure that wildlife or exotic wildlife can be controlled ifharm arises from unforeseen effects.
History: En. Sec. 2,Ch.624, L. 1985; amd. Sec. 6, Ch. 535, L. 2003.
87-5-102. Definitions. For purposes of this part, the following definitions apply: i (l) "Controlled exotic wildlife' means species placed on the controlled exotic wildlife list under 87-5-707 that may be imported possessed, or sold only pursuant to commission and deparbnent rules and an authorization permit provided for in 87-5-705(2). (2) "Domestic animal" metms an animal that, through long association with humans, has been bred to a degree that bas resulted in genetic changes affecting color, temperarnent bonformation, or other attributes of the species to an extent that makes the animal unique and distinguishable from wild individuals of the species and that is readily controllable if accidentally released into the wild. The term includes livestock, as defrned in 8l-2- fQ] dogs, cats, rodents, Eurasian ferrets, and poultry. (3) "Exotic wildlife' means a wildlife species that is not native to Montana. (4) "Feral" meaff; the appearance of an animal and any offspring that have escaped captivity and become wild. (5) "Importation" means the act of receiving, bringing or having brought, or sbippiug into the state for a person's temporary or pesnanent residence or domicile any wildlife from a location outside the state.
Page 2'of 3 (6) "Introduotion" means the release from captivity or attempt to release from captivity, intentional or othenvise, wildlife from outside the state into the wild within the state. (7) "Native wildlife" means a species or subspecies of wildlife that historically occuned in Montana and that has not been introduced by humans or has not migrated into Montana as a result of human activity. (8) "Noncontrolled exotic wildlife" means animal species traditionalty sold or kept as pets and'includes animals listed in 87-5-7pS or animals that are added to the list in 87-5-706by commission rule. (9) "Possession" means to own or have control over an animal for personal use or resale. (10) "Prohibited exotic wildlife" means animal species placed on the list provided in 87-5-70{3)(a) that may not be imported, possessed, or sold. (l l) "Transplantation" means the release of or attempt to release, intentional or otherwise, wildlife from one place within the state into another part of the state. (12) (a) "Wildlife' means any wild mamrnal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or the egg, spennt embryo, or offspring ofthe wild animal. (b) The term does not include domestic animals.
Hislory: En. Sec.3,Ch.624,L. 1985; amd. Sec.7, Ch.536, L.2003.
87-5-703. Applicability to other provisions for importation or introrluction of rvilcllifc. Sections 8l-S- 701 throughST:tr-704,87-5-711,87-5-713 through 87-5-716.and87-5-7?l donotapplytotheprovisions on importation or introduction ofwildlife contained in the following laws: (l) Title 80; (2) 87-3-208 and 87-6-219(l)(a); (3)87-3-221through 87-3-224or87-3-210.87-3-225 through 87-3-227,aurd87-6219(tXb); @ 87-a-a22: (s) 8J-5:112; (6) 87-s-205; (7) 87-5-302; or (8) Title 81, chapter 2.
History: En. Sec. 11, Ch. 624,L.1985; amd. Sec. 13, Ch.376,L. 1989; amd. Sec. t, Ch. 281, L, 2005; amd. Sec. I18, Ch, ZSL,L. 20t l.
87'5-711. Control of importation for introduction and transplantstion or introduction of rvitdlife. (l) Except as otherwise Provided, the importation for introduction or the transplantation or introduction of any wildlife is prohibited unless the commission determines, based upon scientific investigation and after pubiic hearing, that a species of wildlife poses no thrreat of harm to native wildlife and plants or to agricultural production and that the transplantation or introduction of a species has significant public benefits. (2) With regard to the transplantation or introduction of a fish species not previously legally transplanted to a specific water body within the state or notpreviously legally introduced to thl state, thl requirement for scientific investigation in subsection (l) may be satisfied only by completion of an environrnental review conforming to the provisions of Title 75, chapter l,partZ,
History: En. Sec. 4,Ch.624, L. 1985; amd. Sec. l, Ch. 501, L. t99t.
Page 3 of3 State of Montana Dcpartment of Fish, Wildlifc & Parlc Commercial Pond Bond
BondNumber STATE OF MONTANA ) )ss. COUNTY OF )
I(now all men by these presents, that we, principal, and surety, are held firmly bound unto the State of Montana in the sum of $500.00 for the payment whereof well and duly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
From January 1, to January 1,
Dated and signed this day of 20
The condition of this obligation is such that whereas the said
is the owner of a pond or lake artificially created upon his land, as provided for in Section 87-4-6A3, MCA, and has been granted a license by the Director of the Montana Department of Fish, Wildlife & Parks to sell fish, eggs or fry from such private pond in open market, and to ship the same to any point;
Now, therefore, if the said shall not sell fish, fry or spawn from fish caught in any public waters of the State of Montana, and also if the said shall r"p quantity of fish, fish eggs and spawn taken from and planted in said lake or pond during the calendar year, then these presents to be void, otherwise to be in full force and effect. lN WITNESS WHEREOF, we have hereunto set our hands seals the year and say first herein above set forth.
Signed, sealed and dated the Day of 20
(SEAL) SEAL OX'SURETy
PRINCIPAL SIJRSTY
BY: BY: