Private fish pond problems being studied by committee (2024)

As Montana pours millions of dollars and hundreds of man hours into protecting its waters from aquatic invasive species, one route may pose a bigger threat than contaminated boats— private fish ponds.

Since permits for private ponds were first required by law in 1945, the Montana Department of Fish, Wildlife & Parks has approved more than 10,000. Right now, the agency is processing on average about 200 permits for new ponds and renewals each year.

Although the ponds may be filled with groundwater, from wells or diverted streams, finding fish to stock the waterbodies can be difficult. Montana law requires that only authorized sources, where the facilities are tested annually, can be utilized. Yet these sources are few, especially in-state, and testing only one day a year doesn’t rule out a hatchery being contaminated the next day. Yet out-of-state sources of fish are the most commonly used.

“These facilities arguably are a much higher risk than say a boat, just purely based on the fact that you’re transporting water in very large quantities across state lines,” Eileen Ryce, Fisheries Division administrator for FWP, told a legislative committee in October.

The Water Interim Policy Committee has been discussing fish ponds at the direction of the last Legislature. House Bill 520 was passed, with support from FWP, requiring a study of the private waters.

It’s proving to be a complicated task.

“This thing all of a sudden seems way more complex than I ever dreamed of when we were just hearing about House Bill 520,” said Sen. Bruce Gillespie, R-Ethridge, who sits on the committee.

Sources of fish

At last count, Montana was averaging about 115 imports of live fish into the state each year, up from about 50 permits a decade ago, according to FWP. As required by state statute, FWP’s own hatcheries will only provide fish to private pond owners who allow public access, which most landowners don’t want to do.

FWP’s 12 hatcheries operate at maximum capacity. It’s rare they have surplus fish to share, Ryce said. If there are excess fish, they get stocked or culled since the department doesn’t have the option to sell them to private pond owners.

“Given time, we could increase capacity,” Ryce said, but that would require additional infrastructure and increased water costs.

It would also necessitate a change to existing law allowing FWP hatcheries to sell to private pond owners who don’t provide public access. But even that scenario, which would greatly lessen the chance of moving aquatic invasive species, met pushback from one committee member.

“My concern is if we authorize FWP to raise more fish, it competes with private business,” said committee member Russ Miner, R-Great Falls.

One legislator suggested testing the out-of-state shipments of fish before they are dumped in Montana. But Ryce said that’s impractical since testing for fish pathogens is lethal to fish and it can take on average 30 days to get results back.

Illegal introductions

With fish for private ponds sometimes difficult to locate, illegal sources have been tapped by some pond owners.

“We have come across several instances of illegally stocked ponds where they’ve not been able to get a legal source, or it’s easier to get an illegal source,” Ryce said. “And some of those have introduced illegal species into the state. It’s a known threat in terms of invasive species.”

In 2022, an FWP investigation discovered the illegal sale and shipment of rainbow trout and channel catfish for seven Montana ponds from a commercial hatchery in Oregon. The fish died during shipment to four of the ponds, but others near Helena, Three Forks and Bozeman were stocked.

The cost of FWP’s work on the case was $8,400. The pond owners were fined $500 and paid $2,500 in restitution with the understanding they may have to pay more if FWP had to return to remove pathogens.

“It’s hard to find that delicate balance between something that’s effective without being too heavy handed,” said Sen. Jeff Welborn, R-Dillon. “But on the same token, if there’s … the potential for that kind of damage for neighboring landowners and state resources are that great, it just seems like $500 is slap on the wrist if there is bad actors out there.”

An illegal introduction of goldfish in a pond near Big Sandy cost the agency more than $24,600 to clean up in 2021. Last fall, illegally introduced brown and brook trout were discovered in an unpermitted pond near the Madison River, a treasured wild trout fishery.

“Our concern right now is for people who want to do the right thing,” Ryce said. “They can’t get the fish they want for their pond within state, so they go out of state.”

Aquatic invasive species can also infect private hatcheries in Montana.

A state-authorized Bitterroot hatchery had to be closed and decontaminated in 2021 after an infestation of New Zealand mudsnails was found during an annual inspection. More than 130 ponds the hatchery stocked were also checked. The cost, just for FWP, was $75,480, not counting what the hatchery owner had to pay.

“I think it’s time to have a conversation about where this Legislature wants to go in terms of providing accessible sources of fish for those private fish pond owners so that we are not posing risks by out of state transfers of fish,” Clayton Elliott, of Montana Trout Unlimited, told the committee.

Escapees

In addition to pathogens and mud snails, nonnative fish that escape from ponds also pose a threat to the state’s streams. An illegally stocked pond in Manhattan contained northern pike that found their way into the upper Missouri River.

Smallmouth bass have been discovered in the Bitterroot River and may have come from a Corvallis-area pond. The state has a catch, kill and report requirement for anglers who reel in one of the bass in an attempt to identify where they came from.

Once these fish get out, they develop a constituency, Elliott said, and then they are even more difficult to get rid of.

Economics

FWP personnel inspect commercial hatcheries once a year. The permit costs the business $10. That’s the same fee charged of private pond owners, however their permit is good for 10 years.

“In addition to new ponds, ponds undergoing renewal should also be inspected, but due to staff having multiple priorities many ponds are not inspected during the renewal process,” Ryce told the committee. “Additionally, inspecting renewals and new ponds causes further delays to the issuance of permits, which has been a constant complaint from the public recently as the demand for permits increases.”

FWP estimated the cost to review, authorize and inspect ponds and hatcheries costs the agency about $67,700 a year. The fee includes administration time, travel and personnel costs. Based on 30 permits a year, FWP calculated its actual costs are closer to $1,700 per permit versus the current $10 that’s being charged.

“There’s so much more to this that yeah, my head’s just kind of swirling at the moment thinking that, ‘Darn, it’s pretty uneconomic for Fish, Wildlife & Parks to be doing everything they’re supposed to be doing' … There’s a lot to talk about,” Sen. Gillespie said.

Right now, Ryce utilizes in-house funding sources— license fees and federal dollars— to cover FWP’s costs.

That prompted Rep. Bob Phalen, R-Lindsay, to say, “If it’s already covered, I think we should keep it the way it is. Just a thought.”