House committee hears bill to require aquatic invasive‑species training, vessel pass and stiffer penalties

HELENA — The House Fish and Wildlife and Parks Committee on Wednesday heard testimony on House Bill 829, sponsored by Representative Neil Durham, which would require an online aquatic invasive species awareness course for water‑users, establish a vessel prevention pass and increase civil penalties with proceeds deposited into the state’s invasive species account.

Durham (House District 1) told the committee the bill is intended to prevent invasive mussels and other aquatic invaders from establishing in Montana’s waterways. "This is kinda my ‘put up or shut up’ bill," he said in opening remarks, adding he expects Fish, Wildlife and Parks (FWP) to produce an informative online video and a short test that would be tied to a user’s ALS number. Durham said the bill as drafted proposes fees in the order of $10 for non‑motorized vessels and $30 for motorized vessels and that civil penalties now at about $2,500 could be raised (he mentioned $25,000 in committee discussion). He said civil penalties would be deposited in the invasive species account (cited in committee as 80‑7‑1004).

FWP licensing and fiscal staff provided background to the committee. Emily Cooper, licensing bureau chief, explained the state currently has two AIS prevention‑pass programs: an angler AIS pass that attaches automatically to fishing licenses and a vessel pass currently required of non‑resident boat owners. CFO Lena Havron told the committee FWP’s AIS program costs about $5.5 million and that the invasive species account cash balance is $3,505,741.98; she said revenues placed in the account would not be spendable without a separate appropriation.

Supporters told the committee the bill would expand prevention and provide funding for response. Tom Jacobson of the Montana Wildlife Federation said the federation supports prevention measures even though it has "some concerns over the fees." Rebecca Boslough King of the Montana Association of Conservation Districts stressed inspection stations and local prevention efforts and said education is central to keeping waters free of invasive species. Kevin Farron, a Missoula resident who testified remotely about seeing mussels decimate a Michigan lake, praised the bill but urged flexibility on fees and requiring proof of education even if the pass were free.

Guides and outfitters urged changes. Mike Bias, executive director of the Fishing Outfitters Association of Montana, said his members generally support AIS prevention but opposed a 30‑minute online test tied to license purchases and recommended a shorter online test ("perhaps 10 minutes"). He also argued that resident, non‑motorized vessel owners should be excluded from the fee. Dale Gilbert of Walleye’s Unlimited opposed the bill as written, saying annual fees charged per vessel can unfairly penalize people who own multiple boats and recommended alternate funding mechanisms such as expanding the conservation license charge.

Committee members focused on definitions and administration. Representatives asked whether canoes and other craft are included in the statutory definition of "vessel," whether the Fish and Wildlife Commission or the department would administer rules, and whether the AIS test would be one‑time or annual. Durham said the test result would be recorded to a user’s ALS number and function like the bear‑awareness course — effectively one‑time — and he expressed willingness to consider amendments to allow guides to administer a verbal test, to create permanent registration options for boats that never leave a single waterbody, or to exempt certain resident craft.

On fiscal questions, Havron said fiscal notes reflect how agencies must prepare estimates; she said the program’s current statewide cost for FWP is roughly $5.5 million and that the account balance cited earlier was the cash on hand. During the hearing FWP staff supplied counts for license year 2024: 2,894 motorized and 6,024 non‑motorized vessel passes (total revenue cited in committee testimony at roughly $147,000 for the referenced program year).

Durham closed by inviting stakeholder suggestions and amendments, and the chair closed the HB 829 hearing without a committee vote.

What’s next: The committee may request amendments addressing test length, exemptions for permanently moored boats, guide‑administered training, and the fee structure before advancing any bill to the floor.