HOUSE BILL NO. 215
INTRODUCED BY J. SCHOCKLEY
A BILL FOR AN ACT ENTITLED: "AN ACT DESIGNATING CERTAIN FISHING ACCESS SITES AS PRIMITIVE
FISHING ACCESS SITES; LIMITING DEVELOPMENT AT DESIGNATED PRIMITIVE CERTAIN FISHING
ACCESS SITES; ALLOWING THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO DESIGNATE
ADDITIONAL FISHING ACCESS SITES AS PRIMITIVE FISHING ACCESS SITES FOR LIMITED DEVELOPMENT
BY RULE; ELIMINATING RESIDENT USER FEES, AND CAMP HOSTS, AND ALL-TERRAIN VEHICLE USE AT
PRIMITIVE DESIGNATED FISHING ACCESS SITES; ESTABLISHING A 7-DAY CAMPING LIMIT IN PRIMITIVE
DESIGNATED FISHING ACCESS SITES; AND PROVIDING AN EFFECTIVE DATE."
WHEREAS, certain Montana fishing access sites still retain their unique, primarily undeveloped character; and
WHEREAS, undeveloped recreational areas require the least amount of state financial support and provide the least
opportunity for vandalism; and
WHEREAS, Montana resident per capita income is among the lowest of the 50 states; and
WHEREAS, outdoor activity is one of the primary reasons our citizens live in Montana; and
WHEREAS, the inability to afford to pay user fees keeps many Montanans, especially our young people, from enjoying
recreational pursuits on public recreational lands; and
WHEREAS, public fishing access sites are already owned and maintained by the people of Montana; and
WHEREAS, private enterprise is capable and willing to provide additional recreational opportunities, beyond those
provided in undeveloped recreation areas, for those who can afford and wish to access those opportunities, thereby
providing private sector jobs and revenue to the state in the form of taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Short title. [Sections 1 through 5] may be cited as the "Montana Primitive Fishing Access
Site Act".
NEW SECTION. Section 1. Primitive fishing FISHING access sites established FOR LIMITED
DEVELOPMENT. (1) Because of their unique and primarily undeveloped character, the following fishing access sites are
designated as primitive fishing access sites and THAT are subject to the provisions of [sections 1 through 5 4]:
(a) Region 1 -- Ashley Creek, Beaver Lake, Blanchard Lake, Bootjack Lake, Ducharme, Frank Lake, Horseshoe
Lake-Ferndale, Loon Lake-Eureka, Loon Lake-Ferndale, Marle Lake, Marlowe Springs, McKay Landing, Moran Lake,
Pressentine, Savage Lake, Skyles Lake, Spring Creek, Swan River, and Whitefish River;
(b) Region 2 -- Aunt Molly, Bass Creek, Cedar Meadows, Forks, Harry Morgan, Marco Flats, Monture, Natural Pier, Poker Joe, Red Rock, River Junction, Sheep Flats, Thibodeau, and Whitaker Bridge;
(c) Region 3 -- Alder Bridge, Axtell Bridge, Blackbird, Cardwell, Cherry River, Chicory, Corrals, Corwin Springs,
Deepdale, Dewey, Erwin Bridge, Fairweather, Fishtrap Creek, Four Corners, Gallatin Forks, Greenwood Bottoms, Grey
Owl, High Bridge, High Road, Highway 89, Kalsta Bridge, Kirk Wildlife Refuge, Kountz Bridge, Mallard's Rest,
Mayflower Bridge, McAtee Bridge, Meadow Lake, Milwaukee, Notch Bottom, Parrot Castle, Pennington Bridge, Pine
Creek, Point of Rocks, Powerhouse, Queen of the Waters, Sappington Bridge, Shed's Bridge, Slip and Slide, Tizer Lakes,
and Williams Bridge;
(d) Region 4 -- Carroll Trail, Dearborn, Dunes, Eagle Island, Hardy Bridge, Lichen Cliff, Loma Bridge, Lower Carter
Pond, Mid-Canon, Mountain Palace, Pelican Point, Prickly Pear, Spite Hill, Table Rock, Truly Take-Out, Upper Carter
Pond, and White Bear;
(e) Region 5 -- Absaroka, Beaver Lodge, Big Rock, Bridger Bend, Buffalo Mirage, Bull Springs, East Bridge, General Custer, Grant Marsh, Grey Bear, Homestead Isle, Horsethief Station, Selkirk, and Two Leggins;
(f) Region 6 -- Bjornberg Bridge, Cole Ponds, Faber Reservoir, and Whitetail Reservoir; and
(g) Region 7 -- Amelia Island, Broadus Bridge, Diamond Willow, Elk Island, Fallon Bridge, Joe's Island, Little Powder
River, Myers Bridge, Powder River Depot, AND Seven Sisters, and Twelve Mile Dam.
(2) Pursuant to its authority in 23-1-106, the department may by rule designate any fishing access site not listed in
subsection (1) as a primitive fishing access site SUBJECT TO LIMITED DEVELOPMENT when a determination is made
that the designation is desirable to protect the unique and primarily undeveloped character of that fishing access site.
NEW SECTION. Section 2. Limit on development of primitive DESIGNATED fishing access sites. (1) The only
development allowed at primitive fishing access sites designated in [section 2 1] is:
(a) necessary improvements required to meet public health standards regarding sanitation, which may include necessary access to outhouses, vaults, and water;
(b) boat ramps where they do not presently exist, following public involvement as required in 23-1-110, and improvements necessary to ensure the safe public use of boat ramps, including relocation of boat ramps within a fishing access site when necessary for public safety and protection of the fishing access site, following public involvement as required in 23-1-110;
(c) addition of gravel to existing unpaved roads, resurfacing of paved roads, dust abatement, and bridge improvements
when necessary to ensure safe public access, including necessary new access roads into and within the primitive fishing
access site;
(d) establishment of new hiking trails or improvement of existing hiking trails;
(e) installation of minimal signage:
(i) designating the site as a primitive fishing access site in which development has been limited and encouraging the
public to help in maintaining the park's primitive character;
(ii) necessary to designate camping sites, parking areas, rules, and other necessary management information within the
primitive fishing access site; and
(iii) to inform the public of historical, cultural, geographical, and geological features in the area;
(f) establishment of designated parking areas for vehicles and for boat trailers in primitive fishing access sites that have
boat ramps;
(g) in-kind replacement of existing facilities or replacement of existing facilities with facilities that have less impact on
the primitive fishing ACCESS site;
(h) fire pits and tables;
(i) EROSION CONTROL, STREAMBANK STABILIZATION, AND WEED CONTROL;
(J) ERECTION OF NATURAL BARRIERS NECESSARY TO PRESERVE RIPARIAN VEGETATION AND HABITAT;
(K) fencing; and
(j)(L) at the discretion of the department, projects on the Missouri reach of the Missouri-Madison hydropower project
or the Clark Fork basin hydropower project, undertaken pursuant to the federal energy regulatory commission's hydropower
relicensing requirements and in conjunction with private entities, political subdivisions of the state of Montana, and federal
agencies.
(2) The following development of designated primitive 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) or (1)(g);
(b) installation of recreational vehicle sanitary dumpsites where they do not presently exist;
(c) creation of new roads, except when necessary to establish camping access and to meet the requirements of subsection (1);
(d) installation of camping pads for recreational vehicles; and
(e) paving of existing but previously unpaved roads and parking lots.
NEW SECTION. Section 3. Elimination of resident user fee in primitive DESIGNATED fishing access sites. In
recognition of the right of Montana residents to use primitive CERTAIN fishing access sites without regard to their ability
to pay, a Montana resident is not required to pay any user fee for the noncommercial use of a primitive fishing access site
designated in [section 2 (1)].
NEW SECTION. Section 4. Restrictions applicable to primitive CERTAIN fishing access sites. (1) The assignment
of camp hosts to designated primitive fishing access sites DESIGNATED IN [SECTION 1] is prohibited.
(2) The department shall institute and enforce a 7-day camping limit at designated primitive fishing access sites
DESIGNATED IN [SECTION 1].
(3) The off-road operation of all-terrain vehicles at designated primitive fishing access sites is prohibited.
NEW SECTION. Section 5. Codification instruction. [Sections 1 through 5 4] 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 through 5 4].
NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 2001.
- END -
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