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Bill proposes higher fees and stricter permitting for private fish ponds to cover program costs
Summary
House Bill 74 would modernize Montana's private fish‑pond permitting in Title 87, increasing the initial permit to $600 for a 10‑year term and a $250 renewal to better fund Fish, Wildlife & Parks inspections and invasive‑species responses; committee heard concerns about fee level and fish availability.
The Senate Agriculture, Livestock and Irrigation Committee heard House Bill 74, a measure to revise regulations for private fish ponds that are stocked with fish and to raise permitting fees to more closely match program administration costs. Representative Walsh, sponsor, said the bill responds to rising aquatic invasive species risk and a long‑unchanged permit fee set at $10 in 2005.
Clayton Elliott of Trout Unlimited told the committee the program currently costs about $70,000 a year to administer and that total revenue from the $10 fee is only about $2,419 annually. Elliott and other proponents said that private ponds can pose risks to public waterways through illegal fish introductions and pathogens. "The cost to administer the program was approximately $70,000," Elliott said, noting an estimated per‑permit processing cost of roughly $1,700 based on current workloads.
The bill would codify existing practice requiring applicants to demonstrate a valid water right and would establish a new fee schedule that sets the initial application at $600 for a 10‑year permit and a $250 renewal at the end of that term. Supporters noted the change spreads costs and reduces subsidies from general hunting and fishing license dollars.
Senators questioned whether $600 is too high, especially for landowners with multiple small ponds. Committee members were told the $600 covers a 10‑year permit (about $60 a year) and that renewals would cost $250 if no substantive changes are made. Adam Strainer, fisheries division administrator for Fish, Wildlife & Parks, said enforcement can seek restitution and that FWP performs site inspections, MEPA reviews and other activities that drive costs.
Proponents and agency witnesses also described a decline in Montana commercial hatcheries: only one commercial hatchery remains available in state, several are under quarantine for whirling disease, and many pond owners import fish under reciprocal agreements with other states, which raises additional fish‑health concerns.
Representative Walsh closed by urging a do‑pass recommendation, saying the fees are intended to ensure adequate on‑the‑ground oversight and to reduce risk to public aquatic resources. The committee closed the hearing without a recorded vote.
