HOUSE BILL NO. 548

INTRODUCED BY B. RANEY

A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING THE IMPORTATION FOR INTRODUCTION OR THE TRANSPLANTATION OR INTRODUCTION OF ANY WILDLIFE; PROVIDING DEFINITIONS OF "REINTRODUCTION" AND "RETRANSLOCATION"; AMENDING SECTIONS 87-5-701, 87-5-702, 87-5-704, 87-5-711, 87-5-713, AND 87-5-714, MCA; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 87-5-701, MCA, is amended to read:

"87-5-701. Purpose. The legislature finds that in order to protect the native wildlife and plant species of Montana and to protect the agricultural production of Montana, it is necessary to prohibit the importation for introduction, unless in-state stocking and rearing sources are not available, and the transplantation or introduction of wildlife in the state. Serious threats, known and unknown, to the well-being of native wildlife and plant species and to agricultural production, resulting from the introduction of wildlife into natural habitats, necessitate the prohibition of the importation for introduction and the transplantation or introduction of wildlife into natural habitats . Any importation for the reintroduction or retranslocation permitted must be conducted in a manner to ensure that the reintroduced or retranslocated population can be controlled if harm arises from unforeseen effects."

Section 2. Section 87-5-702, MCA, is amended to read:

"87-5-702. Definitions. For purposes of this part, the following definitions apply:

(1) "Feral" means the appearance in a natural habitat of an animal that has escaped domestication and become wild.

(2) "Importation" means the act of bringing into the state any wildlife.

(3) "Introduction" means the release of or attempt to release, intentional or otherwise, wildlife from outside the state into natural habitats of the state.

(4) "Natural habitat" means any area in which the introduction of wildlife species may result in an uncontrolled, naturally reproducing population of that species becoming established.

(5) "Reintroduction" means the restoration of species into habitats where the species historically existed or were historically introduced.

(6) "Retranslocation" means the placement of species into habitats where the species historically existed or were historically introduced.

(7) "Transplantation" means the release of or attempt to release, intentional or otherwise, wildlife from one place within the state into natural habitats in another part of the state.

(8) "Wildlife" means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or the egg or offspring thereof."

Section 3. Section 87-5-704, MCA, is amended to read:

"87-5-704. Rulemaking. (1) The commission may adopt rules to implement 87-5-701, 87-5-702, and 87-5-711 through 87-5-715. In implementing 87-5-713, the commission may adopt rules approving species of wildlife that may be reintroduced by the department. In implementing 87-5-715, the commission may adopt rules to authorize the control or extermination by the department of introduced wildlife species.

(2) The department may adopt rules to implement 87-5-713 and 87-5-715. In implementing 87-5-713 and 87-5-715, the department may not adopt rules in the subject areas reserved to the commission in subsection (1)."

Section 4. Section 87-5-711, MCA, is amended to read:

"87-5-711. Control of importation for introduction and transplantation or introduction of wildlife. (1) Except as provided in 87-5-714 and subsection (2) of this section, the importation for introduction or the transplantation or introduction of any wildlife is prohibited

.

(2) The department may reintroduce native species into their historical habitat."

Section 5. Section 87-5-713, MCA, is amended to read:

"87-5-713. Control of wildlife species permitted to be reintroduced or retranslocated. Any wildlife species listed in 87-5-714 or approved by the commission for reintroduction or retranslocation may be reintroduced or retranslocated only subject to a plan developed by the department to assure that the population can be controlled if any unforeseen harm should occur."

Section 6. Section 87-5-714, MCA, is amended to read:

"87-5-714. Wildlife species authorized for reintroduction or retranslocation. (1) Except as provided in 87-5-704, the following wildlife species may be reintroduced or retranslocated by the department into areas in which the department has historically introduced or transplanted wildlife species based upon scientific investigation and upon approval of the commission:

(a) gray (Hungarian) partridge (Perdix perdix);

(b) chukar partridge (Alectoris chukar);

(c) ring-necked pheasant (Phasianus colchicus);

(d) turkey (Meleagris gallopavo);

(e) rainbow trout (Salmo gairdneri);

(f) golden trout (Salmo aquabonita);

(g) brown trout (Salmo trutta);

(h) brook trout (Salvelinus fontinalis);

(i) lake trout (Salvelinus namaycush);

(j) northern pike (Esox lucius);

(k) black bullhead (Ictalurus melas);

(l) yellow bullhead (Ictalurus natalis);

(m) largemouth bass (Micropterus salmoides);

(n) smallmouth bass (Micropterus dolomieui);

(o) pumpkinseed sunfish (Lepomis gibbosus);

(p) bluegill (Lepomis macrochirus);

(q) green sunfish (Lepomis cyanellus);

(r) rock bass (Ambloplites rupestris);

(s) black crappie (Pomoxis nigromaculatus);

(t) white crappie (Pomoxis annularis);

(u) yellow perch (Perca flavescens);

(v) walleye (Stizostedion vitreum);

(w) cisco (tulibee) (Coregonus artedii);

(x) spottail shiner (Notropis hudsonius);

(y) kokanee salmon (Oncorhynchus nerka);

(z) chinook salmon (Oncorhynchus tshawytscha);

(aa) lake whitefish (Coregonus clupeaformis);

(bb) golden shiner (Notemigonus crysoleucas).

(2) The commission may by rule and subject to the provisions of 87-5-711 authorize the department to reintroduce or retranslocate species of wildlife not listed in subsection (1).

(3) The species listed in this section or allowed by rule may not be reintroduced or retranslocated in those habitats in which the species originally did not exist or have not been previously introduced and established by the department. This subsection does not apply to:

(a) introductions or transplantations of native species necessary for the restoration of species of concern;

(b) ponds and lakes in which fish are stocked by the department when the stocking is done to promote urban or family fishing if the fish do not pose a threat to native fish or to private ponds stocked with department approval if the fish do not pose a threat to native fish;

(c) turkey (Meleagris gallopavo)."

NEW SECTION. Section 7. Effective date. [This act] is effective on July 1, 1999.

- END -