§ 87-4-606 — Term Of Fish Pond License -- Fees -- License Not Transferable -- Exception For Transfer -- Rulemaking

Montana § 87-4-606

• Jurisdiction: Montana
• Title 87: FISH AND WILDLIFE
• Ch. 4: COMMERCIAL ACTIVITIES
• Part 6: Fish Ponds, Seining, and Commercial Taking of Aquatic Fish Food Organisms

Text

87-4-606 . Term of fish pond license -- fees -- license not transferable -- exception for transfer -- rulemaking. (1) Except as provided in subsections (3) and (4), a fish pond license issued pursuant to 87-4-603 is valid for 10 years. An application must be on a form prescribed by the department and must include the following to be considered correct and complete:
(a) contact information concerning the property owner, and if applicable, the property management;
(b) an accurate and complete description of the pond location, including whether the pond is off stream or on stream, physical information concerning the construction and design of an off-stream pond, and a detailed plan of operation;
(c) documentation of lawful source of fish to be stocked;
(d) documentation of water right, as defined in 85-2-102 .
(2) There is a $600 application fee and a $250 renewal fee for each fish pond license.
(3) (a) Except as provided in subsections (3)(b) and (4), a fish pond license expires on February 28 of the 10th year following the year of issuance or renewal.
(b) A licensee who sells fish or eggs under 87-4-603 shall renew the license annually. The license expires on February 28 of the year following the year of issuance.
(c) (i) An application for renewal must be made before a license expires. The renewal application must be made on a form prescribed by the department.
(ii) The department may renew the license if the licensee has not violated a condition upon which the license was granted and if the licensee has met all of the requirements governing private fish ponds in 87-4-603 , administrative rules, and this section.
(iii) The department may only deny a renewal if the department receives documented, substantive, new information since the issuance of the original permit about the threat or risk to game fish or fish species of concern in adjacent waters.
(iv) If the department does not renew a license, the department shall:
(A) provide in writing to the applicant the reasons for not renewing;
(B) allow 30 days for a response from the applicant; and
(C) provide for a show cause hearing to address deficiencies and to craft a mitigation plan to the newly identified threat or risk. The department may agree to the mitigation plan and subsequently renew the license.
(4) A new license is required when a licensee proposes to plant a new species or stock a pond not designated in the original license.
(5) (a) Except as provided in subsection (5)(b), a fish pond license granted under 87-4-603 is not transferable.
(b) If ownership or control of the private fish pond changes, the new owner or operator shall apply to the department for a license transfer on a form prescribed by the department. The transfer must be approved by the department before the new owner or operator may continue operation of the private fish pond.
(c) A transferred license retains the remaining portion of the original license's term.
(d) There is a $250 application fee to transfer the fish pond license.
(6) The department may adopt rules necessary to implement the provisions of this section, including but not limited to the format and requirements of the application form, conditions for renewal licenses, and eligibility requirements for the transfer of licenses.

Legislative History

En. Sec. 10, Ch. 376, L. 1989; amd. Sec. 1, Ch. 157, L. 2005; amd. Sec. 2, Ch. 277, L. 2019; amd. Sec. 2, Ch. 39, L. 2025.