MontanaHB 7469th Legislature, Regular Session (2025)HouseWALLET

Revising private fish pond and commercial take laws

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Higher fees and paperwork for pond owners

You must have a state license to run a private fish pond. Applying costs $600, and renewals cost $250. If you sell fish or eggs, you must renew each year and have a $2,500 surety bond before selling. Sellers must keep detailed records and file a report with the department by January 31 each year. To add a new species or stock a pond not on your license, you must get a new license first. If ownership changes, the new owner must get a license transfer before operating; the transfer fee is $250.

Stronger rules to stop escapes and disease

The department can limit which species you may stock and require devices that stop fish from escaping. It can inspect ponds with notice and must pay for any actual damage it causes. In an emergency, it can order quarantine or destroy fish; if you are not at fault, it may replace your private fish for free. The department can write rules and revoke licenses for violations, with notice and a hearing. If it plans not to renew, you get written reasons, 30 days to respond, a hearing, and a chance to fix issues.

New rules on fish sales and transport

Licensed private pond owners may take fish or eggs from their own pond. The law repeals the old sale‑of‑fish‑or‑spawn statute, changing how sales like paddlefish caviar are handled under current rules. It also allows more limited moving of live fish: moves under private pond rules, approved live bait, and moves within the eastern Montana fishing district. These moves must follow commission limits.

Which ponds qualify and proof required

A private fish pond is under 500 surface acres and must pose no unacceptable risk. It must be man-made with a water right or be an instream pond whose tributary does not support game fish or species of concern. For an instream pond license, you must show a department‑approved report or data proving the tributary lacks those fish and risk is acceptable. If your pond falls short but is not an unacceptable risk, you can get a one‑year temporary license and renew it each year.

Sponsors & Cosponsors

Sponsor

Ken Walsh
Republican • House

Cosponsors

Denley Loge
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 212 • No: 86

House vote • 3/18/2025

Do Concur

Yes: 30 • No: 19

House vote • 3/17/2025

Do Concur

Yes: 28 • No: 21

House vote • 1/30/2025

Do Pass

Yes: 78 • No: 22

House vote • 1/29/2025