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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
provide for the
control of 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 unless it can be shown that no harm will result from such transplantation or introduction. Any
importation for introduction or the transplantation or introduction the reintroduction or
retranslocation permitted must be conducted in a manner to assure ensure that the introduced or
transplanted reintroduced or retranslocated population can be controlled if harm arises from
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.
(5)(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. (6)(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
introduced 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
otherwise 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 unless the
commission determines, based upon scientific investigation and after public hearing, that a species of
wildlife poses no threat 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 not previously legally introduced to the state,
the requirement for scientific investigation in subsection (1) may be satisfied only by completion of an
environmental review conforming to the provisions of Title 75, chapter 1, part 2.
(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
transplanted reintroduced or introduced
retranslocated. Any wildlife species listed in 87-5-714 or approved by the commission for introduction
reintroduction or transplantation retranslocation may be introduced reintroduced or transplanted
retranslocated only subject to a plan developed by the department to assure that the population can be
controlled if any unforeseen harm should occur. THE PLAN MAY NOT BE IMPLEMENTED UNLESS THE
COMMISSION DETERMINES, BASED UPON SCIENTIFIC INVESTIGATION AND AFTER PUBLIC HEARING,
THAT A SPECIES OF WILDLIFE POSES NO THREAT OF HARM TO NATIVE WILDLIFE AND PLANTS OR TO
AGRICULTURAL PRODUCTION AND THAT THE REINTRODUCTION OR RETRANSLOCATION OF A SPECIES
HAS SIGNIFICANT PUBLIC BENEFITS."
Section 6. Section 87-5-714, MCA, is amended to read:
"87-5-714. Wildlife species authorized for
introduction reintroduction or transplantation
retranslocation. (1) The Except as provided in 87-5-704, the following wildlife species may be introduced
reintroduced or transplanted 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
transplant reintroduce or introduce 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 -
Latest Version of HB 548 (HB0548.03)
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