_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING A STUDY on the effects of PRIVATE ponds on the state, PERMITTING, AND OPTIONS TO MITIGATE NEGATIVE IMPACTS, INCLUDING INVASIVE SPECIES AND THREATS TO WILD FISH AND AQUATIC RESOURCES; ASSIGNING THE STUDY TO THE ENVIRONMENTAL QUALITY COUNCIL; establishing reporting requirements; PROVIDING AN APPROPRIATION; PROVIDING FOR CONTINGENT VOIDNESS; and PROVIDING AN IMMEDIATE EFFECTIVE DATE and A TERMINATION DATE."

WHEREAS, Montana's world-class fisheries are rooted in a philosophy of wild fish management; and

WHEREAS, high-quality fisheries that rely on self-sustaining wild fish and high-quality aquatic habitat may be negatively impacted by private ponds; and

WHEREAS, often touted to increase property values, more than 10,000 pond permits have been issued-most of which remain active; and

WHEREAS, the department of fish, wildlife, and parks issues about 200 pond permits annually to stock fish, and the permit review is complex and burdensome leading to inconsistent administration statewide; and

WHEREAS, the department cost of managing private pond issues far outweighs the cost of the permit-$10 for a 10-year permit or $10 annually for a commercial production pond permit; and

WHEREAS, private ponds can provide optimal environments for invasive species and pathogen introduction and propagation; and

WHEREAS, the number of permitted in-state commercial hatcheries providing fish for private pond stocking declined over the last decade, and four of the remaining five commercial hatcheries are on limited quarantine due to invasive species or pathogen detection; and

WHEREAS, applications for importing stocked fish have increased fivefold because of limited in-state sources, increasing the risk of introducing nontarget species that could damage aquatic resources; and

WHEREAS, stocking private ponds illegally from nonpermitted out-of-state commercial hatcheries is also on the rise due in part to easy access to fish purchased online and from other sources; and

WHEREAS, frequent and severe drought years in southwest Montana harm agriculture and fisheries, yet pond development continues, bringing with it increased water temperature and water loss from evaporation.

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

NEW SECTION. Section 1. Study of private ponds. (1) The environmental quality council, provided for in 5-16-101, shall study issues related to private ponds.

(2) The study must examine:

(a) private pond policies, including permitting and protocols;

(b) impacts of private ponds on aquatic resources as well as water quality and quantity related to drought, high water temperatures, and evaporation and options to mitigate these impacts; and

(3) The environmental quality council shall complete the study by September 15, 2024, and report its findings and recommendations, including legislation, to the 69th legislature.

NEW SECTION. Section 2. Appropriation. There is appropriated $100,000 from the general fund to the legislative services division for the biennium beginning July 1, 2023, to pay for costs associated with the study required by [section 1].

NEW SECTION. Section 3. Contingent voidness. (1) Pursuant to Joint Rule 40-65, if [this act] does not include an appropriation prior to being transmitted to the governor, then [this act] is void.

(2) If the appropriation in [section 2] is vetoed, then [this act] is void.

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 5. Termination. [Section 1] terminates December 31, 2024.