RECOMMENDED LEGISLATION 



Stream Conservation Law 



The Stream Conservation Law passed in 

 1963 will expire June 30, 1965 unless action is 

 taken to insure its perpetuation. This important 

 legislation provides a measure of legal con- 

 sideration for trout streams and a means of re- 

 solving inter-agency differences that may re- 

 sult from overlapping responsibilities. 



The Fish and Game Commission is obli 

 gated to perpetuate a stream fishery. In order 

 to provide sport fish, it follows that the neces- 

 sities for fish growth and reproduction must 

 first be present. High on the list of necessities 

 are certain physical qualities of natural stream 

 channels — such things as bank cover, under- 

 cut banks, proper distribution of pools and rif- 

 fles, and the associated bends or meanders 

 Conversely, construction and hydraulic proj- 

 ects often change or deteriorate streams so they 

 will no longer support or rear sport fish. This 

 presents a sharp conflict of interests and an ob- 

 vious overlap of responsibilities. 



The Stream Conservation Law set up to take 

 care of such problems provides first that pre- 

 liminary plans for projects that may affect fish- 

 ing streams must be submitted to the Fish and 

 Game Commission prior to the beginning of 

 construction. The Commission then reviews the 

 plans and advises the applicant as to whether 

 or not the project will adversely affect the fish- 

 eries potential of the stream. Alternatives may 

 also be recommended. 



In the event there is an impasse between 

 agencies in reaching mutual agreement, the 

 problem may be turned over to a board of ar- 

 bitration. The board, composed of a member 

 from each agency and a third person mutually 

 agreed upon by both agencies, hears testimony 

 and renders a binding decision. 



Under the regulatory influence of the Stream 

 Conservation Law, inter-agency problems have 

 been resolved without arbitration. From July 1, 

 1963 through May 31, 1964, the Fish and Game 

 Department has received 34 notices of con- 

 struction projects affecting fishing streams, three 

 from cities or counties and 31 from the Montana 

 Highway Department. 



Two of the city-county projects were judged 

 non-detrimental. The third was detrimental, but 



Physical requirements ol fish are destroyed in manhandling 

 of streams. 



fish and game recommendations to alleviate 

 stream damage were followed. 



One of the 31 notices received from the 

 Highway Department is in the process of evalu- 

 ation at time of this writing, June 5, 1964. Of 

 the other 30, the Department has recommended 

 changes in 8 and no change in 22. Our reasons 

 for not recommending changes in these 22 proj- 

 ects were either: (1) the project caused minor 

 damage to good fishing streams; (2) no reason- 

 able alternative could be suggested; or (3) be- 

 cause the project affected streams of minor im- 

 portance. Seven of the 22 projects fell into the 

 first category. 



Agreements were reached on five of the 

 eight projects judged "detrimental". On one of 

 these projects two bridges will be installed to 

 save a long meander and boulders will be 

 placed in a length of reworked channel; on 

 three projects loss will be reduced by adding 

 structures and improving access; and on the 

 remaining project the road alignment will be 

 changed to reduce encroachment. 



The Fish and Game Commission has recom- 

 mended line changes to reduce or eliminate en- 

 croachment for all three of the projects on which 

 no agreement has been reached. No decision 

 can be reached on two of these projects until 

 the route of the railroad relocation, necessitated 



