House Bill No. 20

Introduced By cobb

A Bill for an Act entitled: "An Act providing a temporary fishing license for Montana residents; requiring the fish, wildlife, and parks commission to set the terms and conditions of the license by administrative rule; providing that a portion of the license fee be used to purchase recreational facilities in a like manner as other fishing license fees; AND amending section 87-1-605, MCA; and providing effective dates and an applicability date."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1.  Class A-8--resident temporary fishing license. (1) Any resident, as defined in 87-2-102, who is a holder of a valid wildlife conservation license is entitled to a resident temporary fishing license authorizing the holder to fish with hook and line in designated waters, for a period of time determined by the commission and indicated on the license, upon payment to any agent of the department authorized to issue fishing licenses of the amount determined by the commission. Cost of the license AND LENGTH OF TIME FOR WHICH THE LICENSE IS EFFECTIVE must be set at an amount that is proportionate to the length of time for which the license is effective:

(A) AT AN AMOUNT THAT IS LESS THAN THE CLASS A RESIDENT FISHING LICENSE; AND

(B) AT AN AMOUNT AND FOR A LENGTH OF TIME THAT THE COMMISSION DETERMINES WILL SERVE AT A REASONABLE PRICE THE NEEDS OF RESIDENTS WHO FISH OCCASIONALLY.

(2) Terms and conditions of the license must be prescribed by rules of the commission.

Section 2.  Section 87-1-605, MCA, is amended to read:

"87-1-605.   (Temporary) Fees used to purchase recreational facilities. (1) One dollar of the fee for a Class A resident fishing license, $1 of the fee for a Class A-8 resident temporary fishing license, $1 of the fee for a Class B-4 nonresident fishing license, and $5 of the fee for a Class B nonresident fishing license must be used for the purchase, operation, development, and maintenance of fishing accesses; stream, river, and lake frontages; and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages.

(2)  The amount of funds used for operation and maintenance must equal at least 50% of the money set aside each year under this section and must be expended as provided in subsection (3). The funds raised under this section may not be used in lieu of any funds or sources of funds currently being used for acquisition or purchase of fishing accesses or stream, river, or lake frontages and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages but are in addition to those funds. The funds used for operation and maintenance may be used only for these purposes on lands acquired with funds under this section after April 30, 1974.

(3)  Operation and maintenance money set aside each year under this section must be expended based on the following priority:

(a)  weed management;

(b)  streambank restoration; and

(c)  general operation and maintenance. (Terminates July 1, 1999--sec. 4, Ch. 428, L. 1995.)

87-1-605.   (Effective July 1, 1999) Fees used to purchase recreational facilities. (1) One dollar of the fee for a Class A resident fishing license, $1 of the fee for a Class A-8 resident temporary fishing license, $1 of the fee for a Class B-4 nonresident fishing license, and $5 of the fee for a Class B nonresident fishing license must be used for the purchase, operation, development, and maintenance of fishing accesses; stream, river, and lake frontages; and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages.

(2)  The amount of funds used for operation, development, and maintenance may not exceed 25% of the money set aside each year under this section. The funds raised under this section may not be used in lieu of any funds or sources of funds currently being used for acquisition or purchase of fishing accesses or stream, river, or lake frontages and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages but are in addition to those funds. The funds used for operation, development, and maintenance may be used only for these purposes on lands acquired with funds under this section after April 30, 1974."

NEW SECTION. Section 3.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 87, chapter 2, part 3, and the provisions of Title 87, chapter 2, part 3, apply to [section 1].

NEW SECTION. Section 4.  Effective dates. (1) [Sections 1(2) and 3 and this section] are effective on passage and approval.

(2) [Sections 1(1) and 2] are effective March 1, 1998, and apply to license years beginning March 1, 1998.

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