_________ Bill No. _______

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act establishing primitive fishing access sites; limiting development at certain fishing access sites; requiring the department of fish, wildlife, and parks to charge camping fees to nonresident users of primitive fishing access sites; and amending section

23-1-117, MCA."

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

NEW SECTION. Section 1.  Limit on development of fishing access sites. The following fishing access sites are designated primitive fishing access sites and, except as provided in [section 2], are subject to the provisions and limitations of 23-1-117:

(1) mallard's rest fishing access site;

(2) Selkirk fishing access site; and

(3) mid canon fishing access site.

NEW SECTION. Section 2.  Primitive fishing access sites -- fees -- roads -- boat ramps. In addition to the development limitations and allowances provided in 23-1-117, the following policies apply to primitive fishing access sites:

(1) The department may not charge Montana residents fees for noncommercial use of primitive fishing access sites except when the department has been collecting fees at fishing access sites before [the effective date of this act]. The department shall collect camping fees from all nonresidents using any of the sites listed in [section 1].

(2) The department may construct gravel roads to provide access to primitive fishing access sites.

(3) The department may construct minimal boat ramps at sites without ramps if the construction is necessary to prevent bank erosion and stream sedimentation.

Section 3.  Section 23-1-117, MCA, is amended to read:

"23-1-117.   Limit on development of primitive parks and fishing access sites. (1) As of October 1, 1993, the only development allowed in primitive parks designated in 23-1-116 and in fishing access sites, as of [the effective date of this act], designated in [section 1] is:

(a)  necessary improvements required to meet minimum public health standards regarding sanitation, which may include necessary access to outhouses, vaults, and water;

(b)  improvements necessary to ensure the safe public use of existing boat ramps;

(c)  addition of gravel to existing unpaved roads and the resurfacing of paved roads when necessary to ensure safe public access;

(d)  establishment of new hiking trails or improvement of existing hiking trails; and

(e)  installation of minimal signage indicating that the park is a designated primitive park or fishing access site in which development has been limited and encouraging the public to help in maintaining the park's or site's primitive character by packing out trash.

(2)  The Except as provided in [section 2(2)], the following development of designated primitive parks and fishing access sites designated in [section 1] is prohibited:

(a)  installation of electric lines or facilities, except when necessary to comply with subsection (1)(a);

(b)  installation of recreational vehicle sanitary dumpsites where they do not presently exist; and

(c)  creation of new roads and paving of existing but previously unpaved roads."

NEW SECTION. Section 4.  Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 23, chapter 1, part 1, and the provisions of Title 23, chapter 1, part 1, apply to [sections 1 and 2].