Mont. Code Ann. § 87-2-512 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-512
87-2-512 Separation of Class B-7 license from Class B-10 license for deer management purposes -- disposition of license revenue
Status: in_force

87-2-512 . Separation of Class B-7 license from Class B-10 license for deer management purposes -- disposition of license revenue. (1) The commission may by rule separate the Class B-7 license from the Class B-10 license and sell the separated Class B-7 license, giving a preference to any Class B-10 license holder to purchase one of the separated Class B-7 licenses. In the case of separated Class B-7 licenses that are not purchased by Class B-10 license holders, the commission, for purposes of sound deer management:

(a) may authorize the sale of not more than 5,000 Class B-7 licenses that have been separated from the Class B-10 licenses, as limited by 87-2-504 ;

(b) may authorize all or a portion of the separated Class B-7 licenses to be sold as Class B-11 combination licenses;

(c) shall set the fees for the separated licenses as follows:

(i) the fee for a Class B-10 license without the deer tag may not be more than the fee set in 87-2-505 for licenses in the general category; and

(ii) the fee for the separated Class B-11 licenses may not be more than the fees specified in 87-2-510 for licenses in the general and landowner-sponsored categories;

(d) may assign the separated Class B-7 or Class B-11 licenses for use in specific administrative regions, portions of administrative regions, hunting districts, or portions of hunting districts;

(e) may allocate a portion of the separated Class B-7 or Class B-11 licenses among the general and landowner-sponsored categories established in 87-2-510 and 87-2-511 but not count those licenses as part of the statutory quotas, with the Class B-7 licenses then subject to the requirements and procedures of 87-2-511 ; and

(f) may condition the separated Class B-7 and Class B-11 licenses as appropriate and necessary to manage the harvest of deer, including restricting the use of a license to either mule deer or whitetail deer.

(2) The revenue from any Class B-11 licenses that have been separated from Class B-10 licenses must be deposited in the state special revenue account to the credit of the department and not allocated pursuant to other statutory requirements generally applicable to Class B-11 licenses. The revenue from Class B-10 licenses sold without a deer tag must be allocated in the same manner as revenue from Class B-10 licenses sold with a deer tag.
Mont. Code Ann. § 87-2-111 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-111
87-2-111 Termination of license
Status: in_force

87-2-111 . Termination of license. Such licenses shall be void after the last day of February next succeeding their issuance, except that trapping licenses as described in part 6 of this chapter shall be void after June 30 next succeeding their issuance.
Mont. Code Ann. § 87-6-919 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-919
87-6-919 Suspension of privileges for failure to comply with citation, sentence, or administrative suspension
Status: in_force

87-6-919 . Suspension of privileges for failure to comply with citation, sentence, or administrative suspension. (1) A person who fails to comply with the terms of a court citation or the terms of an administrative suspension or who fails to fulfill the obligations of any court-imposed sentence for a wildlife violation under this title, resulting in the issuance of a warrant for the person's arrest, shall forfeit any current hunting, fishing, or trapping license issued by this state to the department, and the person's privilege to hunt, fish, or trap in this state is suspended until the terms of the court citation or sentence are satisfied.

(2) A person who loses the person's privileges under this section must be notified by the department or by the administrative authority in person or by mail.
Mont. Code Ann. § 87-5-103 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-103
87-5-103 Legislative intent, findings, and policy
Status: in_force

87-5-103 . Legislative intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Nongame and Endangered Species Conservation Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.

(2) The legislature finds and declares all of the following:

(a) that it is the policy of this state to manage certain nongame wildlife for human enjoyment, for scientific purposes, and to ensure their perpetuation as members of ecosystems;

(b) that species or subspecies of wildlife indigenous to this state that may be found to be endangered within the state should be protected in order to maintain and, to the extent possible, enhance their numbers;

(c) that the state should assist in the protection of species or subspecies of wildlife that are considered to be endangered elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment within this state of species or subspecies of wildlife unless those actions will assist in preserving or propagating the species or subspecies.
Mont. Code Ann. § 87-6-219 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-219
87-6-219 Unlawful relocation of fish
Status: in_force

87-6-219 . Unlawful relocation of fish. (1) A person or firm may not:

(a) place or cause to be placed caged live fish in any of the public waters of the state of Montana, except as provided by department regulation;

(b) without written department approval, move live or dead salmonid fish or eggs from one in-state location to another when the fish or eggs are known to be infected with fish pathogens specified by the department as posing a threat to fisheries;

(c) import live salmonid fish or eggs into Montana without meeting the requirements of 87-3-221 ; or

(d) discard, place, or allow uncertified salmonid fish, parts, or eggs that have been transported into Montana to enter into surface waters other than sewage or disposal systems pursuant to 87-3-222 (2).

(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.
Mont. Code Ann. § 87-2-706 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-706
87-2-706 Drawing for special antelope licenses -- licenses for those with life-threatening illness
Status: reserved

87-2-706 . Drawing for special antelope licenses -- licenses for those with life-threatening illness. (1) In the event that the number of valid applications for special antelope licenses for a hunting district exceeds the quota set by the department for the district, the licenses must be awarded by a drawing. The department shall provide for those persons making valid application for special antelope licenses a method of selecting first, second, and third choice hunting districts for any drawing held pursuant to this section.

(2) The department shall reserve for applicants who are nonambulatory and have a permanent physical disability, as determined by the department, up to 25 of the total special antelope licenses authorized for sale in the state, excepting those licenses issued pursuant to 87-2-817 (1), for use in the district designated by the commission. If the number of valid disabled applicants exceeds the number of licenses available, the department may hold a drawing in which all applicants have an equal chance of being selected.

(3) (a) The department may issue a special antelope license to a resident or nonresident who has been diagnosed with a life-threatening illness unless the person qualifies for a license pursuant to 87-2-805 . As used in this subsection (3), "life-threatening illness" means any progressive, degenerative, or malignant disease or condition that results in a significant threat, likelihood, or certainty that the person's life expectancy will not extend more than 1 year from the date of the request for the license unless the course of the disease is interrupted or abated.

(b) To qualify for the license, the department must receive documentation that the person has been diagnosed with a life-threatening illness from a licensed physician.

(c) The license may be issued on a one-time basis for one hunting season.

(d) In exercising hunting privileges, the person shall conduct all hunting within the terms and conditions of the license issued.

(e) The department may issue up to 25 licenses pursuant to this subsection (3) annually. These licenses do not count against any quota set by the department. Licenses issued pursuant to this subsection (3) do not count against the number of special antelope licenses reserved for people with permanent disabilities as provided in subsection (2).

(4) The department may promulgate rules that are necessary to implement this section.
Mont. Code Ann. § 87-5-301 — MT Code / Title 87 / Chapter 5 / Part 3 / Section 87-5-301
87-5-301 Grizzly bear -- findings -- policy
Status: in_force

87-5-301 . Grizzly bear -- findings -- policy. (1) The legislature finds that:

(a) grizzly bears are a recovered population and thrive under responsive cooperative management;

(b) grizzly bear conservation is best served under state management and the local, state, tribal, and federal partnerships that fostered recovery; and

(c) successful conflict management is key to maintaining public support for conservation of the grizzly bear.

(2) It is the policy of the state to:

(a) manage the grizzly bear as a species in need of management to minimize conflicts with humans and livestock;

(b) on the delisting of grizzly bears from the federal Endangered Species Act, 16 U.S.C. 1531, et seq., manage grizzly bear populations at levels necessary to maintain delisted status to include management of mortalities from all sources, including take by livestock owners or other authorized persons under subsections (3) and (4) and the loss of bears by translocation out of the populations; and

(c) subject to the provisions of subsections (3) and (4), use proactive management to manage grizzly bear distribution and prevent conflicts, including nonlethal and preventative measures as well as trapping and lethal measures.

(3) Prior to delisting, the commission shall adopt rules to allow a livestock owner or other authorized person to take a grizzly bear at any time without a permit or license from the department when a grizzly bear is attacking or killing livestock. A livestock owner or other authorized person may take all nonlethal steps the livestock owner or authorized person considers necessary to protect the livestock owner's property. The rules adopted by the commission must:

(a) be consistent with the most recent state of Montana grizzly bear management plan, conservation strategies, including mortality thresholds, and the adaptive management principles of the commission and the department for the grizzly bear population;

(b) require a livestock owner or other authorized person who takes a grizzly bear pursuant to this subsection (3) to promptly report the taking of the grizzly bear to the department within 24 hours and to preserve the carcass of the grizzly bear;

(c) establish a quota each year for the total number of grizzly bears that may be taken pursuant to subsection (3) subject to mortality thresholds; and

(d) allow the commission to adjust quotas for the taking of grizzly bears pursuant to subsection (3) before a quota is reached if the commission determines the circumstances require adjustment of the total number of grizzly bears taken.

(4) On delisting, when a grizzly bear is threatening livestock, the livestock owner may make a complaint to the department director. The director or the director's designee shall investigate the complaint, and if it appears it is well-founded, the director or director's designee may:

(a) with permission from the livestock owner or other authorized person, send a department employee to the property to control, trap, or remove the grizzly bear or assist the livestock owner or other authorized person in removing any attractants or removing any other materials attracting grizzly bears to the property; or

(b) subject to the quota established by the commission in subsection (3)(c), issue a permit to the livestock owner or other authorized person to kill the grizzly bear. Any grizzly bear killed pursuant to a permit issued by the department as provided in this subsection (4)(b) must be reported to the department within 24 hours.

(5) (a) Except as provided in subsection (5)(b), the department may not relocate a grizzly bear listed under the federal Endangered Species Act, 16 U.S.C. 1531, et seq., except to a release site previously approved by the commission for relocation of grizzly bears.

(b) The department may respond to a grizzly bear listed under the federal Endangered Species Act, 16 U.S.C. 1531, et seq., that is causing conflict outside of a federal recovery zone. If the bear is to be relocated, the department may not relocate the bear.

(c) To the greatest extent possible, the department and the commission shall prioritize genetic exchange between ecosystems when capturing and translocating a grizzly bear.

(6) As used in this section, "livestock" means cattle, swine, horses, mules, sheep, goats, llamas, donkeys, and livestock guard dogs.
Mont. Code Ann. § 87-1-714 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-714
87-1-714 Hearings on proposed waterfowl and wildlife area acquisitions
Status: in_force

87-1-714 . Hearings on proposed waterfowl and wildlife area acquisitions. (1) The governing body of the county affected by a proposed federal acquisition of land under 87-1-713 , the department, and the United States fish and wildlife service shall, within 21 days of receipt of an acquisition proposal, physically inspect the proposed acquisition areas, if the governing body deems such inspection appropriate.

(2) If requested by the governing body, the agencies described in subsection (1) shall hold a joint public hearing on the proposed acquisition and shall give public notice of the date, time, and place of the hearing. The hearing shall be held in the county in which the proposed acquisition is located. The hearing shall be held within 30 days of the governing body's receipt of the acquisition proposal. The notice shall be published once a week for 2 successive weeks in a newspaper of general circulation in each county in which all or part of the proposed acquisition is located. The notice shall include the substance of the proposed action and a legal description of the proposed acquisitions.
Mont. Code Ann. § 87-1-705 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-705
87-1-705 Acquisition of land by United States for migratory bird reservation
Status: in_force

87-1-705 . Acquisition of land by United States for migratory bird reservation. Consent of the state of Montana is given to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land or water or of land and water in sections 31 and 32 in township 28 north of range 22 west; sections 4, 5, 8, 9, 16, 17, 18, 19, and 20 in township 27 north of range 22 west; sections 13, 14, 15, 16, 21, 22, 23, and 24 in township 27 north of range 23 west, in Flathead County, Montana, as the United States may deem necessary for the establishment of a migratory bird reservation in accordance with the act of congress approved February 18, 1929, entitled: "An Act to More Effectively Meet the Obligations of the United States Under the Migratory Bird Treaty with Great Britain by Lessening the Dangers Threatening Migratory Game Birds from Drainage and Other Causes by the Acquisition of Areas of Land and of Water to Furnish in Perpetuity Reservations for the Adequate Protection of Such Birds; and Authorizing Appropriations for the Establishment of Such Areas, Their Maintenance and Improvement and for Other Purposes", reserving, however, to the state of Montana full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.
Mont. Code Ann. § 87-4-505 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-505
87-4-505 Commercial and membership licenses and permits
Status: in_force

87-4-505 . Commercial and membership licenses and permits. Each shooting preserve license or permit issued by the department shall designate whether or not the preserve is open to the public on a commercial basis or is restricted to a membership or other limited group. In the latter case, the license or permit shall specify that the area is a restricted shooting preserve. The department shall maintain accurate listings of the names, addresses, and the location of the property of all persons to whom shooting preserve licenses or permits are issued. Said lists shall be made available in their entirety to anyone requesting same and shall specify whether the preserves are public or private.
Mont. Code Ann. § 87-4-605 — MT Code / Title 87 / Chapter 4 / Part 6 / Section 87-4-605
87-4-605 Records and report of whitefish sales by fishing license holders
Status: in_force

87-4-605 . Records and report of whitefish sales by fishing license holders. A holder of a fishing license who catches whitefish for speculative purposes, for market, or for sale shall keep a record and make an annual report to the department of the number of whitefish sold and the date of each sale. The annual report shall be submitted to the appropriate department regional office within 15 days of the end of the license year.
Mont. Code Ann. § 87-3-126 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-126
87-3-126 Use of aircraft -- authority to issue permits and adopt rules
Status: in_force

87-3-126 . Use of aircraft -- authority to issue permits and adopt rules. (1) A manned or unmanned aircraft may be used for the purpose of herding, driving, or hazing wild animals damaging private property or crops on the property in question pursuant to a permit issued by the department.

(2) The commission shall adopt rules for the issuance of the permit. The permit may be conditioned to address individual circumstances of each application for a permit.

(3) The department shall issue permits except during any legal general or regular hunting season for the species for which a permit was requested.

(4) The permitting program must comply with requirements of federal law for the activity.
Mont. Code Ann. § 87-4-433 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-433
87-4-433 Programmatic environmental review
Status: in_force

87-4-433 . Programmatic environmental review. (1) The department, in cooperation with the department of livestock, shall, by July 1, 2001, conduct a programmatic review of environmental impacts that may be associated with the granting of a license to operate an alternative livestock ranch.

(2) In consultation with the department of livestock, the department shall select a contractor to prepare the programmatic environmental review, which must be in the form of an environmental impact statement.

(3) In addition to the department of livestock, the department shall seek the assistance and participation of other governmental agencies that have special expertise in areas that should be addressed in the programmatic.
Mont. Code Ann. § 87-3-115 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-115
87-3-115 Violation by carriers
Status: in_force

87-3-115 . Violation by carriers. A person or the agent or employee of any common carrier, association, stage, express, railway, or transportation company may not transport or receive for transportation or carriage or sell or offer for sale any of the fish, game or nongame birds, game animals, fur-bearing animals, the skins of fur-bearing animals, or parts thereof, except as specifically provided for by 87-3-114 and 87-3-310 . All fish, game or nongame birds, game animals, fur-bearing animals, or parts thereof had in possession or that have been shipped or are being transported in violation of any of the provisions of 87-3-114 , 87-3-310 , or this section must be seized, confiscated, and disposed of as provided by law.
Mont. Code Ann. § 87-6-208 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-208
87-6-208 Unlawful use of aircraft
Status: in_force

87-6-208 . Unlawful use of aircraft. (1) Except as provided in 87-3-126 , a person may not:

(a) kill, take, or shoot at any game bird, game animal, or fur-bearing animal from an aircraft;

(b) use an aircraft:

(i) to spot or locate any game animal for the purpose of hunting within 24 hours after utilizing an aircraft;

(ii) to concentrate, pursue, drive, rally, or stir up a game bird, migratory bird, game animal, or fur-bearing animal; or

(iii) to intentionally interfere with the hunting of a game bird, game animal, or fur-bearing animal, including operating an aircraft in a manner that disturbs or otherwise affects the behavior of a game bird, game animal, or fur-bearing animal;

(c) land an aircraft in violation of state or federal land use travel plans while pursuing a game bird, game animal, or fur-bearing animal;

(d) land an aircraft on private property without written permission while pursuing a game bird, game animal, or fur-bearing animal; or

(e) spot or locate a game animal or fur-bearing animal and communicate the location of the game animal or fur-bearing animal to any person as an aid to hunting:

(i) while in, using, or operating an aircraft; or

(ii) within 24 hours after utilizing an aircraft.

(2) The provisions of this section do not apply:

(a) during emergency situations;

(b) when search and rescue operations are being conducted;

(c) for predator control as permitted by the department of livestock; or

(d) when supporting an agricultural operation.

(3) The following penalties apply for a violation of this section:

(a) Unless otherwise provided in this subsection (3), a person convicted of a violation of this section shall be fined not less than $300 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(b) If a person is convicted or forfeits bond or bail after being charged with unlawful use of an aircraft to kill or take a deer, elk, antelope, mountain lion, mountain sheep, moose, wild buffalo, caribou, mountain goat, black bear, or grizzly bear, the person shall be fined not less than $500 or more than $2,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 30 months from the date of conviction or forfeiture unless the court imposes a longer period.

(c) If a person is convicted or forfeits bond or bail after being charged with unlawful use of an aircraft to kill or take a fur-bearing animal, the person shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.

(4) As used in this section, "aircraft" has the meaning provided in 87-6-101 .
Mont. Code Ann. § 87-6-306 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-306
87-6-306 Hunting, fishing, or trapping while privileges or licenses forfeited or suspended
Status: in_force

87-6-306 . Hunting, fishing, or trapping while privileges or licenses forfeited or suspended. (1) A person may not hunt, fish, or trap while the person's license or privilege to hunt, fish, or trap in this state is forfeited for a violation of this title or any other law pertaining to fish and game in this state. A person convicted of a violation of this section may be fined not less than $500 or more than $2,000 and shall be imprisoned in the county detention center for not less than 5 days or more than 6 months.

(2) A person whose privilege to hunt, fish, or trap in this state has been suspended for a violation of fish and game law in a participating state, pursuant to 87-1-803 , may not hunt, fish, or trap in this state while that privilege is suspended. A person convicted of a violation of this section shall be fined not less than $500 or more than $2,000 or be imprisoned in the county jail for not more than 60 days, or both.
Mont. Code Ann. § 87-1-707 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-707
87-1-707 Water supply for the Benton Lake wildlife refuge
Status: in_force

87-1-707 . Water supply for the Benton Lake wildlife refuge. Consent of the state of Montana is given to the acquisition by the United States by purchase, gift, devise, or lease of a canal right-of-way approximately 66 feet in width, together with an area not to exceed 10 acres as a site for a pumping station works, or of land and water within township 22 north, range 1 west; township 23 north, range 2 west; township 23 north, range 1 west; township 23 north, range 1 east; township 23 north, range 2 east, Teton County; township 22 north, range 1 east, Cascade County; and township 23 north, range 3 east, Chouteau County for the transportation of a supplemental water supply for the Benton Lake national wildlife refuge, Cascade County, established by Executive Order No. 5228, November 21, 1929, and as amended by Executive Order No. 2416, July 25, 1940, in accordance with the act of congress approved February 18, 1929, entitled: "An Act to More Effectively Meet the Obligations of the United States Under the Migratory Bird Treaty with Great Britain by Lessening the Dangers Threatening Migratory Game Birds from Drainage and Other Causes by the Acquisition of Areas of Land and of Water to Furnish in Perpetuity Reservations for the Adequate Protection of Such Birds; and Authorizing Appropriations for the Establishment of Such Areas, Their Maintenance and Improvement and for Other Purposes", reserving, however, to the state of Montana full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.
Mont. Code Ann. § 87-5-603 — MT Code / Title 87 / Chapter 5 / Part 6 / Section 87-5-603
87-5-603 Functions of board
Status: in_force

87-5-603 . Functions of board. The board shall recommend to the department:

(1) the names of individuals to be rewarded for providing information used in detecting and combating fish, wildlife, and parks-related crimes;

(2) the amount of any reward recommended; and

(3) means for promoting the program.
Mont. Code Ann. § 87-2-126 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-126
87-2-126 Provisional hunter safety and education certificate for person with developmental disability -- conditions of licensure -- definition
Status: in_force

87-2-126 . Provisional hunter safety and education certificate for person with developmental disability -- conditions of licensure -- definition. (1) A person with a diagnosed developmental disability who satisfactorily completes the classroom portion and field course of the firearms safety course but who is unable to pass the written or an alternate-format exam portion of the course because of a developmental disability may be issued a provisional hunter safety and education certificate. The certificate is valid only when used according to this section.

(2) A person with a developmental disability may obtain a hunting license with a provisional hunter safety and education certificate.

(3) Each person who uses a provisional hunter safety and education certificate must be in the company of and assisted by the person's parent or guardian or by an adult designated by the person or by the person's parent or guardian when hunting and shall conduct all hunting within the terms and conditions of the license issued. A person who is accompanying and assisting a person with a disability:

(a) must have successfully completed a hunter safety and education course pursuant to 87-2-105 (1);

(b) must have as the sole priority the direct supervision of the person with a disability at all times;

(c) may only be actively engaged in hunting a game animal that may be taken with the license of the person with a disability; and

(d) must be able to immediately intervene and control the firearm of the person with a disability at any time.

(4) (a) This section does not entitle a person to possess a firearm if the person is otherwise prohibited from possessing a firearm under state or federal law or a court order.

(b) A person may not knowingly authorize or permit a person with a developmental disability who is incapable of safely possessing a firearm to possess a firearm for hunting in this state.

(5) As used in this section, "developmental disability" means a developmental disability as defined in 53-20-102 .
Mont. Code Ann. § 87-6-305 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-305
87-6-305 Unlawful possession of hunting or fishing license or permit
Status: in_force

87-6-305 . Unlawful possession of hunting or fishing license or permit. (1) Except as provided in subsection (2), a person commits the offense of unlawful possession of a hunting or fishing license or permit if the person knowingly carries or has physical control over a valid and unused:

(a) hunting license or permit issued to another person while in any location that the species to be hunted may inhabit;

(b) resident hunting license or permit or resident fishing license or permit issued to a nonresident; or

(c) hunting license or permit or fishing license or permit that was issued in violation of applicable law or rule.

(2) The prohibition in subsection (1) does not apply to a person who is carrying or has physical control over a valid and unused license or permit issued to that person's spouse or to any minor when the spouse or minor is hunting with that person. This exception also applies to a license or permit issued electronically.

(3) Except as provided in subsection (4), a person who violates this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(4) A person who violates this section while engaged in a commercial activity, such as taxidermy, meat processing, outfitting, or guiding by carrying or having physical control over three or more hunting licenses that are issued to another person or persons and that are used or intended to be used on game animals not taken by the person or persons to whom the licenses were issued or by knowingly carrying, having physical control of, or selling two or more licenses or permits that were issued in violation of applicable law or rule is guilty of a felony and upon conviction shall be fined not more than $50,000 or be imprisoned in the state prison for not more than 5 years, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license or permit issued by this state and lose the privilege to hunt, fish, or trap in this state for not less than 3 years up to a revocation for life from the date of conviction.
Mont. Code Ann. § 87-6-404 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-404
87-6-404 Unlawful use of dog while hunting
Status: in_force

87-6-404 . Unlawful use of dog while hunting. (1) Except as provided in subsections (3) through (6), a person may not:

(a) chase any game animal or fur-bearing animal with a dog; or

(b) purposely, knowingly, or negligently permit a dog to chase, stalk, pursue, attack, or kill a hooved game animal. If the dog is not under the control of an adult at the time of the violation, the owner of the dog is personally responsible. A defense that the dog was allowed to run at large by another person is not allowable unless it is shown that at the time of the violation, the dog was running at large without the consent of the owner and that the owner took reasonable precautions to prevent the dog from running at large.

(2) Except as provided in subsection (3)(g), a peace officer, game warden, or other person authorized to enforce the Montana fish and game laws who witnesses a dog chasing, stalking, pursuing, attacking, or killing a hooved game animal may destroy that dog on public land or on private land at the request of the landowner without criminal or civil liability.

(3) A person may:

(a) take game birds during the appropriate open season with the aid of a dog;

(b) hunt mountain lions during the winter open season, as established by the commission, with the aid of a dog or dogs;

(c) hunt bobcats during the trapping season, as established by the commission, with the aid of a dog or dogs;

(d) subject to subsection (5), hunt black bears during the spring season with the aid of a dog or dogs as authorized by the commission;

(e) train bird hunting dogs pursuant to the requirements of 87-3-602 ;

(f) conduct field trials for bird hunting dogs pursuant to the requirements of 87-3-603 or on private land; and

(g) use trained or controlled dogs to chase or herd away game animals or fur-bearing animals to protect humans, lawns, gardens, livestock, or agricultural products, including growing crops and stored hay and grain. The dog may not be destroyed pursuant to subsection (2).

(4) A resident who possesses a Class D-3 resident hound training license may:

(a) pursue mountain lions and bobcats with a dog or dogs during a training season from December 2 of each year to April 14 of the following year; and

(b) pursue black bears with a dog or dogs during a training season from the end of the spring season for black bear through June 15 of that year as authorized by the commission.

(5) A nonresident who possesses a Class D-4 hound license may pursue mountain lions or black bears with a dog or dogs pursuant to 87-2-519 .

(6) (a) A person with a valid hunting license issued pursuant to Title 87, chapter 2, may use a dog to track a wounded game animal during an appropriate open season. Any person using a dog in this manner:

(i) shall maintain physical control of the dog at all times by means of a maximum 50-foot lead attached to the dog's collar or harness;

(ii) during the general season, whether handling or accompanying the dog, shall wear hunter orange material pursuant to 87-6-414 ;

(iii) may carry any weapon allowed by law;

(iv) may dispose of the wounded game animal using any weapon allowed by the valid hunting license; and

(v) shall tag an animal that has been reduced to possession in accordance with 87-6-411 .

(b) Dog handlers tracking a wounded game animal with a dog are exempt from licensing requirements under Title 87, chapter 2, as long as they are accompanied by the licensed hunter who wounded the game animal.

(7) A person who is convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(8) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907 .
Mont. Code Ann. § 87-5-110 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-110
87-5-110 Department to issue regulations
Status: in_force

87-5-110 . Department to issue regulations. The department shall issue such regulations as are necessary to carry out the purposes of this part.
Mont. Code Ann. § 87-6-915 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-915
87-6-915 Remedial hunter education program -- sentencing
Status: in_force

87-6-915 . Remedial hunter education program -- sentencing. (1) The court may sentence a person who is convicted of a hunting violation that results in a mandatory forfeiture of hunting privileges or who is convicted of a hunting violation to complete a remedial hunter education course.

(2) A person who is sentenced by the court to complete a remedial hunter education course shall successfully complete the course before any license privileges may be restored.

(3) The department may not issue a hunting, fishing, or trapping license to a person who is convicted of a hunting violation that results in a mandatory forfeiture of hunting privileges until the person has successfully completed the remedial hunter education course.

(4) If the person who is sentenced by the court to complete the remedial hunter education course is not a resident of the state of Montana, the sentencing court shall require the person to complete a similar remedial hunter education course in the person's state of residence. If a similar course does not exist in the person's state of residence, the person shall complete Montana's course before any Montana hunting, fishing, or trapping license may be issued.

(5) This section does not allow the issuance of any licenses to a person whose hunting or fishing privileges have been revoked for life.
Mont. Code Ann. § 87-2-822 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-822
87-2-822 Auction or lottery of swan license
Status: in_force

87-2-822 . Auction or lottery of swan license. (1) The commission may issue one swan license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the auction or lottery. A wildlife conservation organization that focuses on the conservation of migratory game birds may be authorized to conduct the license auction or lottery, in which case the authorized organization may retain up to 10% of the proceeds of the sale to cover reasonable auction or lottery expenses.

(2) All proceeds remaining from the auction or lottery, whether conducted by the commission or as otherwise authorized by the commission, must be used by the department for the substantial benefit of migratory game birds. The proceeds from the auction or lottery must be used in addition to any other funds that the department uses for the management of migratory game birds.
Mont. Code Ann. § 87-6-602 — MT Code / Title 87 / Chapter 6 / Part 6 / Section 87-6-602
87-6-602 Trapping during closed season -- exception
Status: in_force

87-6-602 . Trapping during closed season -- exception. (1) A person may not trap or hunt or attempt to trap or hunt any fur-bearing animal until the commission provides an open season on any fur-bearing animal. The furs and hides of fur-bearing animals legally taken during the open season may be possessed, bought, and sold at any time except as provided by law.

(2) (a) The director or a designee of the director may issue a permit to hunt or trap beaver or muskrat to a resident landowner or employee of an irrigation project or district or to an owner or employee of an entity owning rural or urban developed structures when it is shown that beaver or muskrat are causing severe injury or are a menace to:

(i) the structures, canal banks, or other works of an irrigation project or district;

(ii) a stock water pond; or

(iii) other rural or urban developed structures.

(b) (i) Except as provided in subsection (2)(b)(ii), a permit to hunt or trap beaver or muskrat is required under this section.

(ii) Between June 1 and August 31 of each year, a permit to hunt or trap beaver or muskrat is not required.

(3) A person convicted of a violation of this section shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.

(4) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 and 87-6-906 .
Mont. Code Ann. § 87-3-106 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-106
87-3-106 Hunting and fishing prohibited in fire-danger areas
Status: in_force

87-3-106 . Hunting and fishing prohibited in fire-danger areas. (1) When the fire danger becomes so extreme that the governor, upon the advice and recommendation of the department of natural resources and conservation, closes an area to trespass because of fire danger, that area is automatically closed to hunting or fishing and remains closed while the fire closure remains in effect.

(2) A board of county commissioners may initiate a request for a closure by submitting the request to the department. However, the department may adopt reasonable rules specifying the fire prevention and suppression measures that must have been taken by the board before a request may be submitted and considered.
Mont. Code Ann. § 87-1-513 — MT Code / Title 87 / Chapter 1 / Part 5 / Section 87-1-513
87-1-513 Disposition of proceeds of sale
Status: in_force

87-1-513 . Disposition of proceeds of sale. (1) The money obtained upon the sale of seized property must be retained and accounted for by the department when the person having the property in possession at the time of seizure is prosecuted or when a prosecution of the person is pending. If the person charged with violating fish and game law is convicted or forfeits bond or bail, the money received for the sale of seized property must be paid to the state treasurer and be deposited to the credit of the fish and game fund except as provided in subsection (2). If the party from whom the property was taken is not found guilty, the money must be paid to the party from whom the game birds, wild animals, fish, or parts or portions thereof were taken. An officer is not liable for any damage caused by any search, examination, seizure, or sale. When wild animals, game birds, or fish are seized as provided in this part and the person or persons who killed or captured the wild animals, game birds, or fish cannot be ascertained or when the animals sold were killed pursuant to 87-1-225 , then the money received from the sale of the wild animals, game birds, or fish must be paid directly to the state treasurer. The cost of advertising notice of sale, as required by 87-1-511 , must be paid from the fish and game fund.

(2) The proceeds, after the department's cost of conducting the sale and costs incurred in donating game animal meat are deducted, from the sale of seized game animal meat must be deposited in the state special revenue fund to the credit of the department of public health and human services for the purposes of awarding grants to the Montana food bank network in this state. Money from the grants awarded to the Montana food bank network must be used for the processing of donated game animal meat. Any grant funds remaining after donated game animal meat is processed may be used for other appropriate purposes by the Montana food bank network.
Mont. Code Ann. § 87-5-813 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-813
87-5-813 Wildlife habitat improvement project state special revenue account
Status: in_force

87-5-813 . Wildlife habitat improvement project state special revenue account. (1) There is a wildlife habitat improvement project account in the state special revenue fund established in 17-2-102 that is administered by the department of fish, wildlife, and parks for the benefit of the department of fish, wildlife, and parks. All funds received pursuant to 87-5-811 must be deposited in the account.

(2) Funds in the account may be used only as funding for wildlife improvement projects in the same manner as funding under 87-5-806 .

(3) The account retains its own interest.

(4) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.
Mont. Code Ann. § 87-1-207 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-207
87-1-207 Establishment of checking stations
Status: in_force

87-1-207 . Establishment of checking stations. (1) Pursuant to subsection (2), the department is authorized to establish checking stations when considered necessary to inspect licenses of hunters and anglers and to inspect any game animals, fish, or fur-bearing animals in the possession of hunters and anglers.

(2) The department shall provide notice to the county sheriff before establishing a checking station in that county.
Mont. Code Ann. § 87-1-706 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-706
87-1-706 Regulation of bird reserve in Flathead County
Status: in_force

87-1-706 . Regulation of bird reserve in Flathead County. Upon the acquisition or establishment of any such refuge in Flathead County, state of Montana, the commission, acting under its authority to designate areas as resting, feeding, and breeding grounds for migratory and other species of birds and wild animals, shall in its discretion establish such areas as a state refuge and adopt such regulations not inconsistent with the regulations of the secretary of the United States department of agriculture governing such areas as it may deem necessary for their protection and may enter into cooperative agreements or arrangements with the secretary for the enforcement of the aforesaid act of congress and the regulations of the secretary of agriculture and for the maintenance and administration of such refuge.
Mont. Code Ann. § 87-5-105 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-105
87-5-105 Regulations to manage nongame wildlife
Status: in_force

87-5-105 . Regulations to manage nongame wildlife. (1) On the basis of the determinations made pursuant to 87-5-104 , the department shall issue management regulations. The regulations must set forth species or subspecies of nongame wildlife that the department considers to be in need of management pursuant to 87-5-104 through 87-5-106 , giving their common and scientific names by species and subspecies.

(2) The department shall by regulation establish limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment considered necessary to manage nongame wildlife that is designated in need of management.
Mont. Code Ann. § 87-1-627 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-627
87-1-627 Big game and wildlife highway crossings and accommodations account -- purpose -- funds invested -- statutory appropriation
Status: in_force

87-1-627 . Big game and wildlife highway crossings and accommodations account -- purpose -- funds invested -- statutory appropriation. (1) There is a big game and wildlife highway crossings and accommodations state special revenue account within the state special revenue fund established in 17-2-102 administered by the department.

(2) The purpose of the account is to provide money exclusively for the design, construction, identification, maintenance, and conservation of wildlife crossings and other related crossing accommodations to improve wildlife permeability in the state, which may include but is not limited to:

(a) matching any federal money for a project to design, construct, identify, maintain, or protect wildlife crossings and other related crossing accommodation features;

(b) conducting studies on wildlife crossings and other related crossing accommodations;

(c) designing or constructing wildlife crossings and other related crossing accommodation features;

(d) planning related to wildlife crossings and other related crossing accommodation features, including assessing risk of wildlife disease transmission;

(e) staffing needs related to the design, construction, identification, maintenance, and conservation of wildlife crossings and other related crossing accommodation features; and

(f) any other needs the department identified in consultation with the department of transportation related to wildlife roadway accommodations.

(3) There must be deposited into the account transfers, gifts, grants, donations, income from investment of the fund, and any other money distributed or otherwise allocated to the fund.

(4) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department for the purposes of 87-1-626 and 87-1-627 .

(5) Money in the account may be used to fund the department of transportation for eligible projects or programs as determined by the department of fish, wildlife, and parks. The department of fish, wildlife, and parks shall consult with the department of transportation before funding qualifying projects in the state in accordance with subsection (2).

(6) Money that was not encumbered or expended from the account during the previous biennium must remain in the account.

(7) Deposits to the account must be placed in short-term investments to accrue interest. The interest must be deposited into the account.
Mont. Code Ann. § 87-5-808 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-808
87-5-808 Rulemaking authority
Status: in_force

87-5-808 . Rulemaking authority. The department shall adopt rules to implement this part, including a scoring system for ranking projects proposed to the council under 87-5-804.
Mont. Code Ann. § 87-1-614 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-614
87-1-614 Expenditure of principal and earnings
Status: in_force

87-1-614 . Expenditure of principal and earnings. The principal and interest, earnings, or income of the fish and wildlife mitigation trust fund shall be expended or retained according to the written agreement, contract, authorization, or terms of the gift, donation, grant, legacy, bequest, or devise committing money to the fish and wildlife mitigation trust fund.
Mont. Code Ann. § 87-1-801 — MT Code / Title 87 / Chapter 1 / Part 8 / Section 87-1-801
87-1-801 Compact adopted -- text
Status: in_force

87-1-801 . Compact adopted -- text. The Interstate Wildlife Violator Compact is entered into by this state, with all other states legally joining therein, in the form substantially as follows:

INTERSTATE WILDLIFE VIOLATOR COMPACT ARTICLE I Findings, Declaration of Policy, and Purpose

(1) The participating states find that the following provisions apply:

(a) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.

(b) The protection of the wildlife resources of a state is materially affected by the degree of compliance with state statutes, laws, ordinances, regulations, and administrative rules relating to the management of such resources.

(c) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of such natural resources.

(d) Wildlife resources are valuable without regard to political boundaries; therefore, every person should be required to comply with wildlife preservation, protection, management and restoration laws, ordinances, regulations, and administrative rules of the participating states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife.

(e) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

(f) The mobility of many wildlife law violators necessitates the maintenance of channels of communication among the various states.

(g) In most instances, a person who is cited for a wildlife violation in a state other than that person's own state:

(i) is required to post collateral or a bond to secure appearance for a trial at a later date;

(ii) is taken into custody until the collateral or bond is posted; or

(iii) is taken directly to court for an immediate appearance.

(h) The purpose of the enforcement practices set forth in subsection (1)(g) of this article is to ensure compliance with the terms of a wildlife citation by the cited person who, if permitted to proceed after receiving the citation, could return to the person's home state and disregard the person's duty under the terms of the citation.

(i) In most instances, a person receiving a wildlife citation in that person's home state is permitted to accept the citation from the officer at the scene of the violation and immediately proceed after agreeing or being instructed to comply with the terms of the citation.

(j) The practices described in subsection (1)(g) of this article cause unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay a fine and is thus compelled to remain in custody until some alternative arrangement is made.

(k) The enforcement practices described in subsection (1)(g) of this article consume an undue amount of law enforcement time.

(2) It is the policy of the participating states to:

(a) promote compliance with the statutes, laws, ordinances, regulations, and administrative rules relating to management of wildlife resources in their respective states;

(b) recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat such suspension as if it had occurred in their state;

(c) allow a violator, except as provided in subsection (2) of Article III, to accept a wildlife citation and proceed without delay, whether or not a resident of the state in which the citation was issued, provided that the violator's home state is party to this compact;

(d) report to the appropriate participating state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state;

(e) allow the home state to recognize and treat convictions recorded against its residents, which convictions occurred in a participating state, as though they occurred in the home state;

(f) extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state;

(g) maximize effective use of law enforcement personnel and information;

(h) assist court systems in the efficient disposition of wildlife violations.

(3) The purpose of this compact is to:

(a) provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in subsection (2) of this article in a uniform and orderly manner;

(b) provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator's right to due process and the sovereign status of a participating state.

ARTICLE II Definitions

As used in this compact and 87-1-802 through 87-1-805 , unless the context requires otherwise, the following definitions apply:

(1) "Citation" means any summons, complaint, summons and complaint, ticket, penalty assessment, or other official document that is issued to a person by a wildlife officer or other peace officer for a wildlife violation and that contains an order requiring the person to respond.

(2) "Collateral" means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

(3) "Compliance" with respect to a citation means the act of answering a citation through an appearance in a court or tribunal, or through the payment of fines, costs, and surcharges, if any.

(4) "Conviction" means a conviction, including any court conviction, for any offense that is related to the preservation, protection, management, or restoration of wildlife and that is prohibited by state statute, law, regulation, ordinance, or administrative rule. Such conviction shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, the payment of a penalty assessment, a plea of nolo contendere and the imposition of a deferred or suspended sentence by the court.

(5) "Court" means a court of law, including magistrate's court and the justice of the peace court.

(6) "Home state" means the state of primary residence of a person.

(7) "Issuing state" means the participating state which issues a wildlife citation to the violator.

(8) "License" means any license, permit, or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.

(9) "Licensing authority" means the department or division within each participating state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

(10) "Participating state" means any state which enacts legislation to become a member of this wildlife compact.

(11) "Personal recognizance" means an agreement by a person made at the time of issuance of the wildlife citation that such person will comply with the terms of the citation.

(12) "State" means any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Provinces of Canada, and other countries.

(13) "Suspension" means any revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license.

(14) "Terms of the citation" means those conditions and options expressly stated in the citation.

(15) "Wildlife" means all species of animals including but not limited to mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a participating state. Species included in the definition of "wildlife" vary from state to state, and determination of whether a species is "wildlife" for purposes of this compact shall be based on state or local law.

(16) "Wildlife law" means any statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

(17) "Wildlife officer" means any individual authorized by a participating state to issue a citation for a wildlife violation.

(18) "Wildlife violation" means any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

ARTICLE III Procedures for Issuing State

(1) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state and shall not require such person to post collateral to secure appearance, subject to the exceptions noted in subsection (2) of this article, if the officer receives the recognizance of such person that the person will comply with the terms of the citation.

(2) Personal recognizance is acceptable:

(a) if not prohibited by state or local law or the compact manual; and

(b) if the violator provides adequate proof of identification to the wildlife officer.

(3) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home state.

(4) Upon receipt of the report of conviction or noncompliance pursuant to subsection (3) of this article, the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in form and content as prescribed in the compact manual.

ARTICLE IV Procedure for Home State

(1) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall notify the violator and shall initiate a suspension action in accordance with the home state's suspension procedures and shall suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.

(2) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as though it occurred in the home state for the purposes of the suspension of license privileges.

(3) The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual.

ARTICLE V Reciprocal Recognition of Suspension

(1) All participating states shall recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.

(2) Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual.

ARTICLE VI Applicability of Other Laws

Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.

ARTICLE VII Compact Administrator -- Procedures

(1) For the purposes of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each of the participating states, to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal in accordance with the laws of the state the compact administrator represents. A compact administrator may provide for the discharge of duties and the performance of functions as a board member by an alternate. An alternate shall not be entitled to serve unless written notification of the identity of the alternate has been given to the board.

(2) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor thereof. Action by the board shall be only at a meeting at which a majority of the participating states are represented.

(3) The board shall elect annually from its membership a presiding officer and a vice presiding officer.

(4) The board shall adopt bylaws not inconsistent with the provisions of this compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.

(5) The board may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and receive, utilize, and dispose of same.

(6) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution.

(7) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in a compact manual.

ARTICLE VIII Entry Into Compact and Withdrawal

(1) This compact shall become effective at such time as it is adopted in a substantially similar form by two or more states.

(2) (a) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the presiding officer of the board.

(b) The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following:

(i) a citation of the authority from which the state is empowered to become a party to this compact;

(ii) an agreement of compliance with the terms and provisions of this compact; and

(iii) an agreement that compact entry is with all states participating in the compact and with all additional states legally becoming a party to the compact.

(c) The effective date of entry shall be specified by the applying state but shall not be less than 60 days after notice has been given:

(i) by the presiding officer of the board of the compact administrators; or

(ii) by the secretariat of the board to each participating state that the resolution from the applying state has been received.

(3) A participating state may withdraw from participation in this compact by official written notice to each participating state, but withdrawal shall not become effective until 90 days after the notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal of any state shall affect the validity of this compact as to the remaining participating states.

ARTICLE IX Amendments to the Compact

(1) This compact may be amended from time to time. Amendments shall be presented in resolution form to the presiding officer of the board of the compact administrators and shall be initiated by one or more participating states.

(2) Adoption of an amendment shall require endorsement by all participating states and shall become effective 30 days after the date of the last endorsement.

(3) Failure of a participating state to respond to the compact presiding officer within 120 days after receipt of a proposed amendment shall constitute endorsement thereof.

ARTICLE X Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or the United States, or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the validity of the remainder of the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the participating state affected as to all severable matters.
Mont. Code Ann. § 87-5-210 — MT Code / Title 87 / Chapter 5 / Part 2 / Section 87-5-210
87-5-210 Captive breeding of raptors -- permit -- transfer and revocation -- rules
Status: in_force

87-5-210 . Captive breeding of raptors -- permit -- transfer and revocation -- rules. (1) The department may grant permits to a person, whether or not licensed under this part, for the taking and holding of raptors for captive breeding purposes under such conditions, consistent with this part and with rules adopted by the commission, as the department may specify in the permit. The commission may set permit qualifications and fees by rule.

(2) Captive breeding permits are not transferable and may be revoked at any time by the department for violation of any conditions of the permit or regulations of the commission.

(3) The commission shall adopt rules regarding raptors taken and held for captive breeding projects. Rules adopted under this section are intended to conform to standards and regulations adopted under federal law by being at least as restrictive.
Mont. Code Ann. § 87-2-301 — MT Code / Title 87 / Chapter 2 / Part 3 / Section 87-2-301
87-2-301 Class A--resident fishing license
Status: in_force

87-2-301 . Class A--resident fishing license. A resident, as defined by 87-2-102 , upon payment of a fee of $21, is entitled to receive a Class A license that authorizes the holder of the license to fish with hook and line or rod as prescribed by rules of the department.
Mont. Code Ann. § 87-5-403 — MT Code / Title 87 / Chapter 5 / Part 4 / Section 87-5-403
87-5-403 Sun River game preserve
Status: in_force

87-5-403 . Sun River game preserve. There is a Sun River game preserve described as follows: beginning at a point on the continental divide of the Rocky Mountains, due south of the head or source of the south fork of the north fork of Sun River, in what will be, when surveyed, section 8, township 18 north of range 10 west, Montana meridian; thence due north from the crest of the continental divide to the head of the south fork of the north fork of Sun River; thence northerly along and down the course of the south fork of the north fork of Sun River as it winds and turns to its confluence with the north fork of the north fork of Sun River; thence northerly along the course of the north fork of the north fork of Sun River as it winds and turns to its head or source; thence due north to the crest of the continental divide of the Rocky Mountains; thence along the crest of the continental divide of the Rocky Mountains southwesterly and southerly to the place of beginning, intending hereby to include in said game preserve all that territory lying between the south fork of the north fork and the north fork of the north fork of Sun River on the east and the continental divide of the Rocky Mountains on the west.
Mont. Code Ann. § 87-6-314 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-314
87-6-314 Unlawful special application or entry
Status: in_force

87-6-314 . Unlawful special application or entry. A person convicted of unlawfully applying for or entering a drawing for any special license or permit in violation of 87-6-918 shall be fined not less than $500 or more than $2,000 or be imprisoned in the county detention center for not more than 60 days, or both.
Mont. Code Ann. § 87-4-1011 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1011
87-4-1011 Records and reporting
Status: in_force

87-4-1011 . Records and reporting. (1) Each licensee shall keep accurate records of the number and species of furbearers purchased, transferred, or sold and the name of each person to whom or from whom such furbearers were purchased, transferred, or sold.

(2) On or before January 31 of each year, each licensee shall file a report with the director, showing the number and species of furbearers on hand on January 1 and the number and species of furbearers purchased, transferred, or sold during the past year. All records described in this section must be kept for not less than 3 years.
Mont. Code Ann. § 87-2-522 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-522
87-2-522 Nonresident youth combination licenses
Status: in_force

87-2-522 . Nonresident youth combination licenses. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102 , and who is 12 years of age or older or will turn 12 years old before or during the season for which the license is issued and who is under 18 years of age may, upon payment of a fee of one-half of the cost of a regularly priced license and subject to the limitations prescribed by law and department regulation, apply to the fish, wildlife, and parks office in Helena, Montana, to purchase:

(a) one of the following:

(i) a Class B-10 nonresident big game combination license;

(ii) a Class B-11 nonresident deer combination license; or

(iii) a nonresident elk-only combination license;

(b) if available:

(i) a Class B-8 nonresident deer B tag;

(ii) a Class B-12 nonresident antlerless elk B tag license.

(2) (a) When using a license issued pursuant to this section, the holder must be accompanied by an adult immediate family member who is the holder of a valid Class B-7, Class B-8, Class B-10, Class B-11, Class B-12, or nonresident elk-only combination license or who is the holder of a valid resident deer or elk tag. As used in this subsection, an adult immediate family member means an applicant's natural or adoptive parent, grandparent, brother, sister, stepparent, or legal guardian who is 18 years of age or older.

(b) An applicant shall provide the name and automated licensing system number of the adult immediate family member who will accompany the youth when applying for a license pursuant to this section.

(3) Class B-10 and Class B-11 licenses issued pursuant to this section are not included in the limit on the number of available Class B-10 and Class B-11 licenses issued pursuant to 87-2-505 and 87-2-510 . Nonresident elk-only combination licenses issued pursuant to this section are in addition to nonresident elk-only combination licenses available for sale pursuant to 87-2-511 .
Mont. Code Ann. § 87-6-905 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-905
87-6-905 Finding required for restitution
Status: in_force

87-6-905 . Finding required for restitution. Before restitution may be ordered pursuant to 87-6-906 or 87-6-907 , the finder of fact at trial or the court upon entry of a guilty or nolo contendere plea shall find that the illegal killing or possession was done knowingly or purposely as defined in 45-2-101 . This finding is not required for state reimbursement under 87-6-906 when bond or bail is forfeited.
Mont. Code Ann. § 87-5-201 — MT Code / Title 87 / Chapter 5 / Part 2 / Section 87-5-201
87-5-201 Protection of wild birds and their nests and eggs
Status: in_force

87-5-201 . Protection of wild birds and their nests and eggs. (1) It is unlawful for a person to hunt, capture, kill, possess, purchase, offer or expose for sale, ship, or transport any wild bird, other than a game bird, or any part of the plumage, skin, or body of the bird, irrespective of whether the bird was captured or killed within the state, or to take or destroy the nest or eggs of a wild bird, except under a certificate, falconer's license, or permit issued by the director.

(2) This section does not apply to:

(a) the hunting, trapping, or killing of house sparrows, crows, starlings, rock doves, blackbirds, magpies, and other birds the department designates or to the taking or destruction of their nests and eggs;

(b) the possession or transportation of parts or plumage of eagles used for religious purposes by a member of an Indian tribe when possessed or transported as permitted by 16 U.S.C. 668a.
Mont. Code Ann. § 87-2-104 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-104
87-2-104 Number of licenses, permits, or tags allowed -- fees
Status: in_force

87-2-104 . Number of licenses, permits, or tags allowed -- fees. (1) The department may prescribe rules and regulations for the issuance or sale of a replacement license, permit, or tag if the original license, permit, or tag is lost, stolen, or destroyed upon payment of a fee not to exceed $5.

(2) The department shall issue a replacement license, permit, or tag to a person who lawfully harvested a game animal but the meat of the animal was determined by the department to be unfit for human consumption due to disease or prior injury. To obtain a replacement license, permit, or tag pursuant to this subsection, the person:

(a) shall surrender the entire animal determined to be unfit for human consumption; and

(b) may choose to be issued the replacement for the same license year or the next license year.

(3) When authorized by the commission for game management purposes, the department may:

(a) issue more than one Class A-3 resident deer A, Class A-4 resident deer B, Class B-7 nonresident deer A, Class E-1 resident wolf, Class E-2 nonresident wolf, or special antelope license to an applicant;

(b) issue a special antlerless moose license, a special cow or calf bison license, or one or more special adult ewe mountain sheep licenses to an applicant; and

(c) issue one or more Class A-9 resident antlerless elk B tag licenses or Class B-12 nonresident antlerless elk B tag licenses to an applicant. Unless otherwise reduced pursuant to subsection (6), the fee for a Class B-12 license is $270.

(4) For all of the game management licenses issued under subsection (3), the commission shall determine the hunting districts or portions of hunting districts for which the licenses are to be issued, the number of licenses to be issued, and all terms and conditions for the use of the licenses.

(5) Unless otherwise determined by the commission, a holder of a valid Class B-10 nonresident big game combination license or a valid Class B-11 nonresident deer combination license may purchase up to two Class B-8 nonresident deer B tags while other eligible persons may purchase only one. The commission shall determine the hunting districts or portions of hunting districts for which the tags are valid and all terms and conditions for the use of the tags.

(6) The fee for a resident or nonresident license of any class issued under subsections (3) and (5) may be reduced annually by the department.
Mont. Code Ann. § 87-1-803 — MT Code / Title 87 / Chapter 1 / Part 8 / Section 87-1-803
87-1-803 Reciprocal recognition of license suspensions -- suspension of privileges for conviction in participating state
Status: in_force

87-1-803 . Reciprocal recognition of license suspensions -- suspension of privileges for conviction in participating state. (1) When the department receives notice of the suspension of a person's hunting, trapping, or fishing privileges by a participating state, the department shall determine whether the violation leading to the suspension could have led to the forfeiture of privileges under Montana law. If the department determines that the person's privileges could have been forfeited, the department shall suspend the person's privileges to hunt, trap, or fish in Montana for the same period as imposed by the participating state or for the minimum period that would have been imposed under Montana law, whichever period is longer.

(2) When the department receives notice of a conviction of a Montana resident from the licensing authority of the issuing state, the department shall treat the conviction as if it had occurred in Montana and shall determine whether the conviction could have led to the forfeiture of the resident's hunting, trapping, or fishing privileges under Montana law. If the department determines that the resident's privileges could have been forfeited, the department shall suspend the resident's privileges to hunt, trap, or fish in Montana for the minimum period that would have been imposed under Montana law.

(3) Notice of the suspension must be sent to the person, who shall surrender any current Montana hunting, trapping, and fishing licenses to the department within 10 days.
Mont. Code Ann. § 87-1-626 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-626
87-1-626 Big game and wildlife highway crossings and accommodations license plates -- authorization
Status: in_force

87-1-626 . Big game and wildlife highway crossings and accommodations license plates -- authorization. (1) An applicant for a generic specialty license plate that is sponsored by the department of fish, wildlife, and parks shall make a donation of $20 to the department upon initial issuance of the license plates and a donation of $20 for each annual renewal of the license plates.

(2) The department shall establish a generic specialty license plate, as defined in 61-3-401 , no later than January 1, 2026.

(3) The donation provided for in subsection (1) must be paid to the county treasurer, who shall remit the entire amount to the department of revenue for deposit in the big game and wildlife highway crossings and accommodations state special revenue account established in 87-1-627 .
Mont. Code Ann. § 87-6-801 — MT Code / Title 87 / Chapter 6 / Part 8 / Section 87-6-801
87-6-801 Wild bird, raptor, and falcon offenses
Status: in_force

87-6-801 . Wild bird, raptor, and falcon offenses. (1) A person who violates any provision of Title 87, chapter 5, part 2, pertaining to the regulation of wild birds, raptors, and falconry, shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(2) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 and 87-6-906 .
Mont. Code Ann. § 87-4-428 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-428
87-4-428 Right to administrative hearing
Status: in_force

87-4-428 . Right to administrative hearing. (1) A licensee must be given notice and an opportunity for a hearing before the department may refuse to renew a license, revoke a license, or discipline a licensee.

(2) The notice and an opportunity for a hearing and any judicial appeal must be conducted as provided in Title 2, chapter 4, parts 6 and 7.
Mont. Code Ann. § 87-1-805 — MT Code / Title 87 / Chapter 1 / Part 8 / Section 87-1-805
87-1-805 Hearing on suspension
Status: in_force

87-1-805 . Hearing on suspension. (1) Upon suspending the hunting, trapping, or fishing privileges of any person under 87-1-803 or 87-1-804 , the department shall immediately notify the person in writing. The person may, within 20 days of the notice, request a hearing before the department on whether the requirements for suspension have been met. The hearing must be informal.

(2) Upon request, the department shall set a hearing as early as practicable.

(3) (a) The requesting person may present evidence and arguments at the hearing contesting whether:

(i) a participating state suspended the person's privileges;

(ii) there was a conviction in the participating state;

(iii) the person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or

(iv) a conviction in a participating state could have led to the forfeiture of privileges under Montana law.

(b) Grounds other than those listed in subsection (3)(a) may not be used to contest the department's decision to suspend the person's privileges.

(4) At the hearing, the department, through its authorized agent, may:

(a) administer oaths;

(b) issue subpoenas for the attendance of witnesses; and

(c) admit all relevant evidence and documents, including notifications from participating states.

(5) Following the hearing, the department, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.
Mont. Code Ann. § 87-2-504 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-504
87-2-504 Class B-7 and B-8--nonresident deer licenses
Status: in_force

87-2-504 . Class B-7 and B-8--nonresident deer licenses. (1) (a) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102 , but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish, wildlife, and parks office, Helena, Montana, to purchase one each of the following licenses:

(i) Class B-7, deer A tag, $250;

(ii) Class B-8, deer B tag, $75.

(b) The license entitles a holder who is 12 years of age or older to hunt the game animal or animals authorized by the license and to possess the carcasses of those animals as authorized by commission rules.

(2) Unless purchased as part of a Class B-10 or Class B-11 license, a Class B-7 license may be assigned for use in a specific administrative region or regions or a portion of a specific administrative region or regions or in a specific hunting district or districts or a portion of a specific hunting district or districts. If purchased as part of a Class B-10 or Class B-11 license, the Class B-7 license is valid throughout the state, except as provided in 87-2-512 (1)(d). Not more than 5,000 Class B-7 licenses may be sold in any license year.

(3) Subject to the provisions of 87-2-104 , the commission may prescribe the use of and set quotas for the sale of Class B-8 licenses by hunting districts, portions of a hunting district, groups of districts, or administrative regions.
Mont. Code Ann. § 87-2-1003 — MT Code / Title 87 / Chapter 2 / Part 10 / Section 87-2-1003
87-2-1003 Bodies of water subject to reciprocal privileges
Status: in_force

87-2-1003 . Bodies of water subject to reciprocal privileges. It is the primary purpose of this part to provide a method whereby the fishing opportunities afforded upon any part of any body of water located within or partly within 10 miles of the boundaries of this state may be mutually enjoyed by the residents of Montana and the residents of the adjoining states, subject to the terms of a reciprocal agreement as authorized in 87-2-1001 .
Mont. Code Ann. § 87-4-701 — MT Code / Title 87 / Chapter 4 / Part 7 / Section 87-4-701
87-4-701 Definitions
Status: in_force

87-4-701 . Definitions. (1) The words "game" and "game birds" or "parts of the same" mean the game animals and game birds, the killing of which is restricted or forbidden by the laws of Montana.

(2) The words "merchant", "hotelkeeper", or "restaurant keeper" mean each manager, servant, agent, or employer of such person.

(3) The word "sale", as used in the statute laws of this state touching the sale of game and fish, the sale of which is prohibited by law, does and shall be considered to mean:

(a) a contract by which, for a pecuniary consideration called a price, one transfers an interest in either game or fish;

(b) a contract by which, for an article or thing of value, one transfers, barters, or exchanges an interest either in game or fish.
Mont. Code Ann. § 87-4-1008 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1008
87-4-1008 Furbearers as private property
Status: in_force

87-4-1008 . Furbearers as private property. All furbearers lawfully raised on a licensed fur farm are the private property of the licensee, and the licensee may sell or transfer such furbearers as private property.
Mont. Code Ann. § 87-4-1006 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1006
87-4-1006 License nontransferable
Status: in_force

87-4-1006 . License nontransferable. A fur farm license is nontransferable.
Mont. Code Ann. § 87-2-802 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-802
87-2-802 Veterans in VA hospitals and residents of state institutions and long-term care facilities, nursing care facilities, assisted living facilities, and community homes for persons with disabilities
Status: in_force

87-2-802 . Veterans in VA hospitals and residents of state institutions and long-term care facilities, nursing care facilities, assisted living facilities, and community homes for persons with disabilities. (1) A veteran who is a patient residing at a hospital operated by the department of veterans affairs, within or outside the state, and residents of all institutions under the jurisdiction of the department of public health and human services may fish without a license. The residents shall carry a permit on a form prescribed by the department and signed by the superintendent of the institution in lieu of a license.

(2) Upon annual application by managers or directors of licensed long-term care facilities and assisted living facilities as defined in 50-5-101 , community homes for persons with developmental disabilities licensed under 53-20-305 , and community homes for persons with severe disabilities licensed under 52-4-203 , the department shall allow supervised residents to fish without the otherwise required license during any activities approved by the facilities and homes.
Mont. Code Ann. § 87-4-610 — MT Code / Title 87 / Chapter 4 / Part 6 / Section 87-4-610
87-4-610 Fees for commercial taking of fish or aquatic organisms -- use of fees
Status: in_force

87-4-610 . Fees for commercial taking of fish or aquatic organisms -- use of fees. (1) To finance the administration and enforcement of the provisions of 87-4-609 , the department may by rule set reasonable fees for:

(a) issuance of the permit required in 87-4-609 ; and

(b) use of traps, nets, or seines in Montana waters for the commercial taking of nongame fish, whitefish, as authorized by statute, or aquatic organisms.

(2) The department shall deposit any fees collected under the provisions of subsection (1) in the state special revenue fund for use by the department.
Mont. Code Ann. § 87-5-122 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-122
87-5-122 Duties of commission
Status: in_force

87-5-122 . Duties of commission. (1) The commission shall review and approve annually the nongame wildlife programs projects recommended by the department for funding from the nongame wildlife account. The commission shall provide for public comment during the review and approval process.

(2) The commission may adopt rules governing:

(a) the use of the nongame wildlife account set forth in 87-5-121 ; and

(b) the review and approval process set forth in subsection (1).
Mont. Code Ann. § 87-2-606 — MT Code / Title 87 / Chapter 2 / Part 6 / Section 87-2-606
87-2-606 Class C-4--resident license to hunt bobcat, wolverine, and Canada lynx
Status: in_force

87-2-606 . Class C-4--resident license to hunt bobcat, wolverine, and Canada lynx. Except as otherwise provided in this chapter, a resident, as defined in 87-2-102 , who is 12 years of age or older, upon making application and payment of a fee of $20 to the department, may receive a Class C-4 license that authorizes the holder to hunt bobcat, wolverine, and Canada lynx within the state at the times and in the manner provided by law and the regulations of the commission and at the places that may be designated in the license.
Mont. Code Ann. § 87-4-603 — MT Code / Title 87 / Chapter 4 / Part 6 / Section 87-4-603
87-4-603 Fish pond license for private fish pond -- site inspections -- records
Status: in_force

87-4-603 . Fish pond license for private fish pond -- site inspections -- records. (1) A person who owns or lawfully controls a private fish pond shall apply to the department for a fish pond license. The licensee may stock the fish pond with fish procured from a lawful source. The licensee may take fish from the pond in any manner.

(2) The department may designate the species of fish that may be released in the pond and otherwise condition the license if:

(a) there is a possibility of fish escaping from the pond into adjacent streams or lakes; or

(b) in the department's determination, the pond poses a risk of introduction of a pathogen or an invasive species, as defined in 80-7-1003 .

(3) (a) "Private fish pond", as used in 87-4-606 and this section, means a body of water that does not exceed 500 surface acres, is determined by the department to not pose an unacceptable risk to game fish or fish species of concern in adjacent waters, including a risk of introduction of a pathogen or an invasive species, as defined in 80-7-1003 , and is:

(i) created by artificial means with an associated water right as defined in 85-2-102 that includes the appropriate beneficial use; or

(ii) an instream pond with a tributary spring or stream that does not support game fish or fish species of special concern.

(b) The term does not include all other natural ponds or bodies of water, including streams or rivers and impoundments or reservoirs of or on a natural stream, river, lake, or pond.

(4) An applicant for licensing of an instream private fish pond shall present to the department verification that game fish or fish species of special concern do not occur in the tributary, spring, or stream and that the instream private fish pond does not pose an unacceptable risk to game fish or fish species of special concern in adjacent waters, including a risk from the introduction of a pathogen or an invasive species as defined in 80-7-1003 . Verification must be in the form of:

(a) a formal report from a department-approved professional fisheries consultant; or

(b) other department-approved data and documentation.

(5) The department may condition a fish pond license to require the construction, implementation, operation, and maintenance of measures or devices to prevent fish in a private fish pond from escaping into adjacent waters and posing a risk of introduction of a pathogen or invasive species as defined in 80-7-1003 . The department may deny a license if these conditions are not met.

(6) A licensee who sells fish, eggs, or fry from a private fish pond must meet these additional requirements:

(a) The license must be renewed annually pursuant to 87-4-606 .

(b) Before selling fish, eggs, or fry from the pond, the licensee must provide a corporate surety bond to the state for $2,500. This bond is conditioned on:

(i) maintaining compliance with the terms of the fish pond license issued to the person; and

(ii) not selling fish or spawn from any of the public waters of the state.

(c) A licensee who sells fish or eggs from a private fish pond shall keep accurate records of:

(i) the species and quantities of fish or eggs sold or purchased;

(ii) dates of sales or purchases;

(iii) names of purchasers or sellers;

(iv) fish health inspections or department certifications for the facility or pond, including dates and results;

(v) a purchaser's private fish pond license number and verification that the license was valid for the species of fish or eggs purchased; and

(vi) locations or addresses to or from which fish or eggs are transferred.

(d) On or before January 31 of each year, a licensee who sells fish or eggs shall file a report with the department, on forms made available by the department, summarizing the records required under subsection (6)(c).

(7) A person who owns or controls a private fish pond may request an inspection by the department to ascertain the presence of disease in fish or the illegal introduction of fish species. Whenever the department has reasonable cause to believe that a fish species in the pond may have been illegally introduced or may have a disease that may affect fish in another body of water, the department shall notify the landowner or landowner's agent by mail or in person of the intention to enter upon the land and shall enter only after notice has been given to the landowner or agent or after every reasonable effort has been made to notify the landowner and receive permission to enter upon the land. Thereafter, the department may enter upon land under the provisions of this subsection for the purposes of inspecting the pond, the species of fish in the pond, the presence of disease in a fish species, the construction of any impoundment, dam, or fish barrier, and the physical connection of a pond to an adjacent natural lake, pond, or body of water, including a stream or river. The department is responsible for actual damages to any property.

(8) If the department finds an illegal introduction of fish or the presence of disease in fish in a licensed private fish pond or a natural lake, pond, or body of water, the department shall consult with the landowner or the landowner's agent to determine the appropriate action unless an emergency exists. In an emergency situation, the department may order or take appropriate action to address any threat to the state's fisheries resources, including quarantine or destruction of fish, eggs, or the source of a disease. Whenever privately owned fish are destroyed and the private owner is not responsible for an illegal introduction or the introduction of fish with a disease, the department may replace the destroyed fish without charge to the private owner. A landowner or agent who has granted permission for the department to enter is not considered responsible for an illegal introduction of fish or disease unless proved otherwise.

(9) The department may adopt rules necessary for the regulation of private fish ponds as provided in this section, including but not limited to department certification of a health standard, frequency of department certification, pond design and function, inspections, reporting requirements, and other measures to prevent damage to public fish and wildlife resources.
Mont. Code Ann. § 87-6-907 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-907
87-6-907 Restitution for illegal killing, possession, or waste of trophy wildlife
Status: in_force

87-6-907 . Restitution for illegal killing, possession, or waste of trophy wildlife. In addition to other penalties provided by law, a person convicted or forfeiting bond or bail on a charge of purposely or knowingly illegally killing, taking, possessing, or wasting a trophy animal listed in this section shall reimburse the state for each trophy animal according to the following schedule:

(1) mountain sheep with at least one horn equal to or greater than a three-fourths curl as defined by commission regulation, $30,000;

(2) elk with at least six points on one antler, as defined by commission regulation, or any grizzly bear, $8,000;

(3) moose having antlers with a total spread of at least 30 inches, as defined by commission regulation, or any mountain goat, $6,000;

(4) antlered deer with at least four points on one antler as defined by commission regulation, $8,000;

(5) antelope with at least one horn greater than 14 inches in length as defined by commission regulation, $2,000.
Mont. Code Ann. § 87-1-604 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-604
87-1-604 Authorization for allocation of funds to school districts
Status: in_force

87-1-604 . Authorization for allocation of funds to school districts. The county commissioners of any county receiving funds as provided in 87-1-603 may allocate, in such amounts as they determine, any portion of the funds to any school district in the county whenever the school district contains any department lands. Any balance remaining after allocations have been made to school districts shall be credited to the general fund of the county.
Mont. Code Ann. § 87-4-912 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-912
87-4-912 Records and reporting
Status: in_force

87-4-912 . Records and reporting. (1) Each licensee shall keep accurate records of the number and species of birds purchased, transferred, or sold and the name of each person to whom or from whom the birds were purchased, transferred, or sold. These records must be open to inspection by a warden or the director at any reasonable time.

(2) On or before January 31 of each year, each licensee shall file a report with the director, showing the number and species of birds on hand on January 1 and the number and kinds of birds purchased, transferred, or sold during the past year. All records described in this section must be kept for not less than 5 years.
Mont. Code Ann. § 87-4-423 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-423
87-4-423 Revocation of license -- procedure -- disposition of animals
Status: in_force

87-4-423 . Revocation of license -- procedure -- disposition of animals. (1) Proceedings for the revocation of a license or the discipline of a licensee must be based on a determination by the department, after an investigation, that there is good cause and a sufficient factual basis to believe that the licensee or the principal manager is responsible for one or more of the acts or omissions set out in 87-4-427 (1).

(2) The department may initiate revocation or disciplinary proceedings against a licensee by specifying the grounds in writing to the licensee and providing an opportunity for a hearing as provided in 87-4-428 .

(3) Upon discovery of a violation of recordkeeping or reporting requirements that is not a material violation or an attempt to deceive, the department shall give notice of the violation to the licensee, with a statement that the violation must be corrected within 30 days of the notice, unless a longer period is approved by the department. Upon failure of the licensee to correct the violation, the department may institute revocation proceedings.

(4) (a) A licensee whose license is revoked shall lawfully dispose of any alternative livestock held pursuant to the license. Lawfully acquired and held alternative livestock may be disposed of by the licensee within 180 days of the license revocation or within a longer period if specified by the department in the revocation order. After the expiration of this period, the department shall seize and dispose of any alternative livestock that have not been lawfully disposed of by the licensee. Any proceeds that remain after deducting the department's expenses revert to the licensee. Any unrecovered costs may be charged to the licensee.

(b) The department, when it is determined to be necessary by the state veterinarian appointed pursuant to 81-1-301 , may require that diseased or potentially diseased alternative livestock be quarantined or destroyed.
Mont. Code Ann. § 87-4-806 — MT Code / Title 87 / Chapter 4 / Part 8 / Section 87-4-806
87-4-806 Inspection, permit revocation, and redemption of wildlife
Status: in_force

87-4-806 . Inspection, permit revocation, and redemption of wildlife. A roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo and all equipment used in connection with a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo must be open to inspection at all reasonable hours. If upon inspection it is found that the roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo is not being operated in accordance with this part or with the department regulations, the director may revoke the permit without right of renewal. If a permit is revoked, the department shall take possession of all wildlife obtained by capture or unlawful propagation.
Mont. Code Ann. § 87-3-604 — MT Code / Title 87 / Chapter 3 / Part 6 / Section 87-3-604
87-3-604 Rulemaking authority
Status: in_force

87-3-604 . Rulemaking authority. The commission may adopt rules to implement the provisions of this part, including but not limited to limiting the number of Class D-5 licenses issued to nonresidents and limiting the number of dogs that may be trained under a Class D-5 license.
Mont. Code Ann. § 87-2-113 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-113
87-2-113 Application fees
Status: in_force

87-2-113 . (Temporary) Application fees. (1) (a) Except as provided in subsection (1)(b), when the department determines a drawing is necessary prior to issuance of hunting licenses for any game species during a hunting season, it shall collect a $5 per species application fee.

(b) The department shall collect the following per species special license application fees:

(i) moose--resident, $10; nonresident, $50;

(ii) mountain goat--resident, $10; nonresident, $50;

(iii) mountain sheep--resident, $10; nonresident, $50;

(iv) wild buffalo or bison--resident, $10; nonresident, $50.

(2) (a) If a resident participates in the bonus point system adopted by the commission, the department shall collect an additional application fee of $2 per species.

(b) If a nonresident participates in the bonus point system adopted by the commission, the department shall collect an additional application fee of $20 per species.

(3) Application fees collected pursuant to this section must be deposited in the state special revenue fund to the credit of the department as set forth in 87-1-601 .

(4) The payment of an application fee confers no hunting rights or privileges.

(5) The commission may waive the provisions of subsection (1) when a drawing is required for a special season under 87-1-304 .
Mont. Code Ann. § 87-2-117 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-117
87-2-117 License bonus point system
Status: in_force

87-2-117 . License bonus point system. (1) The commission shall establish a bonus point system that gives an applicant who has purchased more bonus points more chances to receive a license, tag, or permit over an applicant who has purchased fewer bonus points.

(2) A person may purchase only one bonus point per species per license year and may:

(a) purchase a bonus point when applying for a license, tag, or permit by paying the fee established in 87-2-113 (2) per species; or

(b) if the person is otherwise eligible to apply for a license, tag, or permit, purchase a bonus point without applying for the license, tag, or permit by paying the fee established in subsection (5). An applicant not applying for a license, tag, or permit may purchase a bonus point only between July 1 and September 30 in the current license year.

(3) The department may only apply any accumulated bonus points to a person's chance to obtain a license, tag, or permit if the person purchases a bonus point when applying for the license, tag, or permit.

(4) Bonus points may only be applied to first choice drawings.

(5) (a) A resident who does not apply for a license, tag, or permit may purchase a bonus point for $15 for each species for which a bonus point is made available by the commission.

(b) A nonresident who does not apply for a license, tag, or permit may purchase a bonus point for $25 for each species for which a bonus point is made available by the commission, except that the fee is $75 for moose, mountain goat, mountain sheep, and wild buffalo or bison.

(6) The department may not delete a person's accumulated bonus points unless the person obtains the license, tag, or permit associated with the bonus points, in which case the department shall delete the person's accumulated bonus points.

(7) (a) Except as provided in subsection (7)(b), the department shall square the number of points purchased by a person per species when conducting drawings for licenses, tags, and permits.

(b) For persons applying for licenses, tags, or permits as a party, the department shall calculate the average number of bonus points accumulated by the individuals listed on the party application, rounded to the nearest whole number, and square the average. Each individual retains their own bonus points unless the party obtains the licenses, tags, or permits associated with the bonus points, in which case the department shall delete each person's accumulated bonus points.
Mont. Code Ann. § 87-6-411 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-411
87-6-411 Game animal tagging offenses
Status: in_force

87-6-411 . Game animal tagging offenses. (1) Each license issued by the department authorizing the holder of the license to hunt game animals, whether issued to a resident or a nonresident, must provide any tags the department prescribes.

(2) When a person kills a game animal under the license, the person shall, before the carcass is removed from or the person leaves the site of the kill, take physical possession of the game animal by:

(a) electronically validating the license or tag pursuant to rules adopted in accordance with 87-2-119 ; or

(b) validating the license or tag by cutting out the date the animal was killed. A license or tag that is not electronically validated must accompany the carcass as long as any considerable portion of the carcass remains unconsumed.

(3) When a game animal has been lawfully killed and the proper license or tag is electronically validated or accompanies the game animal that was killed, the game animal becomes the property of the person who lawfully killed the animal and may be possessed, used, stored, donated to another or to a charity, transferred to another person pursuant to 87-3-310 , or transported.

(4) A person shall keep the license or tag accompanying the game animal or portion of the game animal while the animal is possessed by the person unless the license or tag was electronically validated.

(5) A person may not validate pursuant to subsection (2) a license or tag that is restricted to a hunting district other than the hunting district where the game animal was killed.

(6) A person who is convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.
Mont. Code Ann. § 87-5-205 — MT Code / Title 87 / Chapter 5 / Part 2 / Section 87-5-205
87-5-205 Restrictions on species allowed for falconry
Status: in_force

87-5-205 . Restrictions on species allowed for falconry. (1) Bald eagles, any raptors listed pursuant to 50 CFR, part 17, and any species that has been listed pursuant to 87-5-107 may not be captured in this state for the sport of falconry.

(2) Species of raptors that are native to North America may be brought into Montana for the purpose of falconry unless that action is specifically prohibited by this part, the laws of other states, or the rules of the federal government. Those raptors may be possessed, subject to this part. A person bringing a raptor into this state must be able to show proof of the area of origin.
Mont. Code Ann. § 87-2-307 — MT Code / Title 87 / Chapter 2 / Part 3 / Section 87-2-307
87-2-307 Class B-5--five-day nonresident fishing license
Status: in_force

87-2-307 . Class B-5--five-day nonresident fishing license. (1) Any person not a resident, as defined in 87-2-102 , upon payment of the sum of $56 to any agent of the department authorized to issue fishing and hunting licenses, is entitled to a 5-day nonresident fishing license that authorizes the holder to fish with hook and line, as prescribed by rules and regulations of the department, for 5 consecutive days.

(2) When purchasing a license pursuant to this section, the applicant shall indicate, and the license must state, on which calendar dates the license will be used. There is no limit on the number of 5-day licenses a person may purchase. If the person is purchasing multiple 5-day licenses at one time, the department may issue a single license listing the calendar dates for which the license is valid. The 5-day periods need not be consecutive.
Mont. Code Ann. § 87-5-605 — MT Code / Title 87 / Chapter 5 / Part 6 / Section 87-5-605
87-5-605 Powers and duties of department -- rules
Status: in_force

87-5-605 . Powers and duties of department -- rules. (1) The department shall:

(a) create, maintain, and promote a statewide fish, wildlife, and parks crimestoppers program in order to assist law enforcement agencies in detecting and combating fish, wildlife, and parks-related crimes; and

(b) consider the board's recommendations and take action on them.

(2) The department may:

(a) advise and assist in the creation and maintenance of local programs, including neighborhood watch programs;

(b) encourage the channeling of information from state and local programs to law enforcement agencies;

(c) foster the detection of fish, wildlife, and parks-related crimes by the public;

(d) encourage the public, through a reward program or otherwise, to provide information that assists in the prosecution of fish, wildlife, and parks-related crimes;

(e) promote state and local programs through the media;

(f) accept gifts, grants, or donations for the furtherance of the program and spend these in compliance with the conditions of the gifts, grants, or donations; and

(g) adopt rules necessary to administer the provisions of this part.
Mont. Code Ann. § 87-1-250 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-250
87-1-250 Upland game bird enhancement program -- report
Status: in_force

87-1-250 . Upland game bird enhancement program -- report. The department shall report to each regular session of the legislature, in accordance with 5-11-210 , concerning upland game bird enhancement activities undertaken pursuant to 87-1-246 through 87-1-249 and 87-1-251 during the preceding biennium, including providing:

(1) copies of reports made to the upland game bird citizens' advisory council pursuant to 87-1-251 (2)(b); and

(2) any recommendations concerning the operation of the program.
Mont. Code Ann. § 87-4-407 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-407
87-4-407 License required -- moratorium -- penalty -- seizure of illegally possessed animals
Status: in_force

87-4-407 . License required -- moratorium -- penalty -- seizure of illegally possessed animals. (1) A person may not operate an alternative livestock ranch in this state without having first obtained an alternative livestock ranch license from the department prior to November 7, 2000. A person may not apply for or be granted a license after that date.

(2) A person who operates an alternative livestock ranch without a license or possesses, transports, buys, or sells animals whose importation into the state is restricted pursuant to 87-4-424 is subject to the penalties provided in 87-6-705 .

(3) Any animal held in violation of subsection (2) or otherwise illegally possessed may be immediately seized by the department and is subject to disposal by the department. Costs of seizure may be charged to the person in possession of the animal.
Mont. Code Ann. § 87-1-610 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-610
87-1-610 Contributions for leasing appropriation rights -- general spending authority
Status: in_force

87-1-610 . Contributions for leasing appropriation rights -- general spending authority. (1) The department may accept contributions from public or private entities for the purpose of leasing appropriation rights to maintain or enhance instream flows for the benefit of fisheries.

(a) Any contributions accepted by the department under this section must be deposited in the fish and wildlife mitigation trust fund established in 87-1-611 .

(b) The department shall expend money obtained under this section and deposited in the fish and wildlife mitigation trust fund exclusively to lease existing rights for the purpose of maintaining or enhancing instream flows for fisheries.

(2) The department may also expend other departmental funds to lease existing rights for the purpose of maintaining or enhancing instream flows for fisheries, including but not limited to departmental funds in the river restoration special revenue account established under 87-1-258 .
Mont. Code Ann. § 87-3-127 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-127
87-3-127 Taking of stock-killing animals
Status: in_force

87-3-127 . Taking of stock-killing animals. (1) Livestock owners, their agents, or employees of the department or a federal agency may use dogs in pursuit of stock-killing black bears, stock-killing mountain lions, and stock-killing bobcats. Other means of taking stock-killing black bears, stock-killing mountain lions, and stock-killing bobcats may be used, except the deadfall.

(2) Traps used in capturing bears must be inspected twice each day with the inspections 12 hours apart.
Mont. Code Ann. § 87-2-731 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-731
87-2-731 Terminated
Status: in_force

87-2-731 . Terminated. Sec. 5, Ch. 378, L. 2005.
Mont. Code Ann. § 87-3-129 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-129
87-3-129 Exception in cases of extreme hunger
Status: in_force

87-3-129 . Exception in cases of extreme hunger. When it is shown that any violation of the provisions of this title was for the purpose of preventing great suffering by hunger of any person which could not otherwise have been avoided, the provisions of this title shall not apply to the case.
Mont. Code Ann. § 87-1-265 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-265
87-1-265 Hunting access programs -- block management program -- private landowner assistance -- rules -- restriction on landowner liability
Status: in_force

87-1-265 . Hunting access programs -- block management program -- private landowner assistance -- rules -- restriction on landowner liability. (1) There is established a block management program administered by the department to provide landowner assistance that encourages public access to private and public lands for hunting purposes.

(2) The department may also develop and administer alternative programs to the block management program that are designed to promote public access to private and public lands for hunting purposes.

(3) Participation in a hunting access program established under this section is voluntary. A lease, acquisition, or other arrangement for public access to or across private property for hunting purposes must be negotiated through a cooperative agreement between the landowner and the department that will guarantee reasonable access for public hunting. Landowners may also form a voluntary association when development of a unified cooperative agreement is advantageous. A cooperative agreement must contain a detailed description of the conditions for use of the private property, including but not limited to:

(a) hunting access management;

(b) services to be provided to the public;

(c) ranch rules and other restrictions; and

(d) any other management information to be gathered, which must be made available to the public.

(4) Private land is not eligible for inclusion in a hunting access program if outfitting, commercial hunting, or fees charged for private hunting access unreasonably restrict public hunting opportunities.

(5) If the department determines that an agreement may adversely influence game management decisions or wildlife habitat on public lands, then other public land agencies, interested sportspersons, and affected landowners must be consulted. An affected landowner's management goals and personal observations regarding game populations and habitat use must be considered in development of the agreement.

(6) The commission may adopt rules to implement the provisions of this section, including but not limited to rules that determine tangible benefits to be provided to a landowner who participates in a hunting access program. Benefits are intended to offset potential impacts associated with public hunting access, including but not limited to those associated with general ranch maintenance, conservation efforts, weed control, fire protection, liability insurance, roads, fences, and parking area maintenance. Factors used in determining benefits may include but are not limited to:

(a) the number of days of public hunting provided by a participating landowner;

(b) wildlife habitat provided;

(c) resident game populations;

(d) number, sex, and species of animals taken; and

(e) access provided to adjacent public lands.

(7) For a proposed agreement that only provides access to adjacent public lands for hunting purposes, the department shall:

(a) notify adjacent public land leaseholders;

(b) ensure the proposed agreement does not violate or interfere with the terms of any adjacent public land lease agreement;

(c) incorporate the relevant terms of an adjacent public land lease agreement into the proposed access agreement; and

(d) allow an adjacent public land leaseholder the opportunity to support or object to the proposed access agreement.

(8) In considering a proposed agreement that only provides access to adjacent public lands for hunting purposes, the commission may;

(a) consider an adjacent leaseholder's support for or objection to a proposed access agreement;

(b) exempt the access agreement from tracking the number of days of public hunting access provided by a participating landowner;

(c) agree to a payment to the landowner that is a flat fee rate and not based on the number of days of public hunting access provided by a participating landowner;

(d) use the amount and opportunity provided by public lands access as factors to determine benefits; and

(e) otherwise implement simplified rules.

(9) (a) Benefits earned by a landowner who participates in a hunting access program may include but are not limited to those applied in the manner described in subsections (9)(b) and (9)(c).

(b) A landowner may receive direct payments:

(i) for weed control or may direct payments to be made directly to the county weed control board;

(ii) for fire protection or may direct fire protection payments to be made to the local fire district or the county where the landowner resides; and

(iii) to offset insurance costs incurred for allowing public hunting access.

(c) The department may provide assistance in the construction and maintenance of roads, gates, and parking facilities and in the signing of property.

(10) (a) Except as provided in 87-1-264 and subsection (10)(b) of this section, payments to a landowner who participates in a hunting access program through an annual agreement may not exceed $50,000 a year, and $25,000 a year for agreements that only provide access to public land for hunting purposes.

(b) Each landowner who participates in a unified cooperative agreement pursuant to subsection (3) may be eligible for payments not to exceed $50,000 a year, and $25,000 a year for agreements that only provide access to public land for hunting purposes.

(11) The restriction on liability of a landowner, agent, or tenant that is provided under 70-16-302 (1) applies to a landowner who participates in a hunting access program.
Mont. Code Ann. § 87-6-304 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-304
87-6-304 License, permit, or tag offenses
Status: in_force

87-6-304 . License, permit, or tag offenses. (1) Except as provided in 87-6-305 (2), a person may not apply for, purchase, or possess more than one license, permit, or tag of any one class or more than one special license for any one species listed in 87-2-701 . This provision does not apply to Class B-4, Class B-5, or Class E-2 licenses or to licenses issued under 87-2-104 (3) for game management purposes. However, when more than one license, permit, or tag is authorized by the commission, a person may not apply for, purchase, or possess more licenses, permits, or tags than are authorized.

(2) The holder of a replacement license, permit, or tag may not make the replacement license, permit, or tag available for use by another person.

(3) Except as provided in 87-6-305 (2), a person to whom a license or permit has been issued may not fish, hunt for any game bird or game animal, or attempt to hunt for any fur-bearing animal in this state unless the person is carrying the required license or permit at the time.

(4) A person may not refuse to exhibit a license or permit and the identification used in purchasing a license or permit for inspection to a warden or other officer requesting to see it.

(5) A person may not at any time alter or change a license in any material manner or loan or transfer any license to another person. The person, including a minor child, to whom a license is issued shall validate the license. A person may not validate a license for a game animal killed by another person.

(6) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, except as provided in subsection (7), the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(7) A person convicted under subsection (1), (2), or (5) of unlawfully procuring, possessing, using, or transferring a replacement license, permit, or tag shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless a court imposes a longer period. For each subsequent violation, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for the same period of time imposed by the court for the person's previous violation plus an additional 24 months.
Mont. Code Ann. § 87-2-704 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-704
87-2-704 Regulation of special elk permits
Status: in_force

87-2-704 . Regulation of special elk permits. (1) The department may:

(a) provide for the refund of resident elk tag license fees to persons applying for special elk permits in hunting districts where there is no general elk hunting and set time limits and describe area restrictions; and

(b) designate special elk permit areas where priority will be given to applicants who have not held special elk permits for a period of years to be determined by the department.

(2) The department shall provide that a person who is issued a special elk permit to hunt antlerless elk during the regular hunting season is:

(a) limited to the hunting and taking of only an antlerless elk in the hunting district or portion of a hunting district where the permit is valid, except that in a hunting district or portion of a district where the holder of a general elk license is allowed to hunt antlerless elk during certain times, the holder of a special elk permit to hunt antlerless elk in that district or portion of a district may also hunt any elk authorized under the regulations for a general elk license during those same times; and

(b) entitled to the general elk hunting privileges for a holder of a Class A-5 license in all other hunting districts.

(3) The commission may establish a waiting period during which a person who has received a special elk permit that is valid for an antlered bull may not receive another special elk permit that is valid for an antlered bull. The commission may specify which special elk permits are subject to the waiting period, by hunting district or portion of a hunting district.

(4) The fee for a special elk permit is $4.

(5) The department may adopt rules necessary to implement this section.
Mont. Code Ann. § 87-4-606 — MT Code / Title 87 / Chapter 4 / Part 6 / Section 87-4-606
87-4-606 Term of fish pond license -- fees -- license not transferable -- exception for transfer -- rulemaking
Status: in_force

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.
Mont. Code Ann. § 87-2-402 — MT Code / Title 87 / Chapter 2 / Part 4 / Section 87-2-402
87-2-402 Class B-1--nonresident upland game bird license
Status: in_force

87-2-402 . (Temporary) Class B-1--nonresident upland game bird license. Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102 , but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued, upon payment of a fee of $110 may receive a Class B-1 license that entitles a holder who is 12 years of age or older to hunt upland game birds and possess the carcasses of upland game birds as authorized by department rules.
Mont. Code Ann. § 87-5-912 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-912
87-5-912 Leases and conservation easements
Status: in_force

87-5-912 . Leases and conservation easements. A lease or conservation easement selected to receive funds pursuant to this part binds the parties involved to an agreement in which the state is a third-party beneficiary to the lease or easement with the contingent right to enforce the terms of the lease or easement if the grantee fails to do so. The agreement must provide that the lease or easement may not be transferred for value, sold, or extinguished without consent of the department. The state may take legal action to enforce the terms of the lease or easement or to recover from the proceeds of the transfer for value, sale, or extinguishment the state's pro rata share of the proceeds based on the funds the state provided pursuant to this part for the creation of the lease or easement.
Mont. Code Ann. § 87-1-201 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-201
87-1-201 Powers and duties
Status: in_force

87-1-201 . Powers and duties. (1) Except as provided in subsection (13), the department shall supervise all the wildlife, fish, game, game and nongame birds, waterfowl, and the game and fur-bearing animals of the state and may implement voluntary programs that encourage hunting access on private lands and that promote harmonious relations between landowners and the hunting public. The department possesses all powers necessary to fulfill the duties prescribed by law and to bring actions in the proper courts of this state for the enforcement of the fish and game laws and the rules adopted by the department.

(2) Except as provided in subsection (13), the department shall enforce all the laws of the state regarding the protection, preservation, management, and propagation of fish, game, fur-bearing animals, and game and nongame birds within the state.

(3) The department has the exclusive power to spend for the protection, preservation, management, and propagation of fish, game, fur-bearing animals, and game and nongame birds all state funds collected or acquired for that purpose, whether arising from state appropriation, licenses, fines, gifts, or otherwise. Money collected or received from the sale of hunting and fishing licenses or permits, from the sale of seized game or hides, from fines or damages collected for violations of the fish and game laws, or from appropriations or received by the department from any other sources is under the control of the department and is available for appropriation to the department.

(4) The department may discharge any appointee or employee of the department for cause at any time.

(5) The department may dispose of all property owned by the state used for the protection, preservation, management, and propagation of fish, game, fur-bearing animals, and game and nongame birds that is of no further value or use to the state and shall turn over the proceeds from the sale to the state treasurer to be credited to the fish and game account in the state special revenue fund.

(6) (a) The department may not issue firearms within this state to anyone except:

(i) wardens; and

(ii) other qualified employees identified, trained, and certified by the department where necessary to perform assigned duties pursuant to subsection (7).

(b) Wardens, as authorized officers under 87-1-502 , are the only department employees with the authority to enforce provisions of state law or administrative rule.

(7) (a) Department employees may be issued a firearm as allowed in subsection (6)(a)(ii) only after submitting a form of final approval as determined and approved by the department.

(b) Department-issued firearms may be carried by an employee other than a warden only when the employee is engaged in work that requires the carrying of a firearm, as determined by the department.

(c) When a department-issued firearm is no longer necessary to perform an employee's required duties, the employee shall return the issued firearm to secure storage in the regional office to which the employee is attached.

(8) Except as provided in subsection (13), the department is authorized to make, promulgate, and enforce reasonable rules and regulations not inconsistent with the provisions of Title 87, chapter 2, that in its judgment will accomplish the purpose of chapter 2.

(9) The department is authorized to promulgate rules relative to tagging, possession, or transportation of bear within or outside of the state.

(10) (a) The department shall implement programs that:

(i) manage wildlife, fish, game, and nongame animals in a manner that prevents the need for listing under 87-5-107 or under the federal Endangered Species Act, 16 U.S.C. 1531, et seq.;

(ii) manage listed species, sensitive species, or a species that is a potential candidate for listing under 87-5-107 or under the federal Endangered Species Act, 16 U.S.C. 1531, et seq., in a manner that assists in the maintenance or recovery of those species;

(iii) manage elk, deer, and antelope populations based on habitat estimates determined as provided in 87-1-322 and maintain elk, deer, and antelope population numbers at or below population estimates as provided in 87-1-323 . In implementing an elk management plan, the department shall, as necessary to achieve harvest and population objectives, request that land management agencies open public lands and public roads to public access during the big game hunting season.

(iv) in accordance with the forest management plan required by 87-1-622 , address fire mitigation, pine beetle infestation, and wildlife habitat enhancement giving priority to forested lands in excess of 50 contiguous acres in any state park, fishing access site, or wildlife management area under the department's jurisdiction.

(b) In maintaining or recovering a listed species, a sensitive species, or a species that is a potential candidate for listing, the department shall seek, to the fullest extent possible, to balance maintenance or recovery of those species with the social and economic impacts of species maintenance or recovery.

(c) Any management plan developed by the department pursuant to this subsection (10) is subject to the requirements of Title 75, chapter 1, part 1.

(d) This subsection (10) does not affect the ownership or possession, as authorized under law, of a privately held listed species, a sensitive species, or a species that is a potential candidate for listing.

(11) The department shall publish an annual game count, estimating to the department's best ability the numbers of each species of game animal, as defined in 87-2-101 , in the hunting districts and administrative regions of the state. In preparing the publication, the department may incorporate field observations, hunter reporting statistics, or any other suitable method of determining game numbers. The publication must include an explanation of the basis used in determining the game count.

(12) The department shall report current sage grouse population numbers, including the number of leks, to the Montana sage grouse oversight team, established in 2-15-243 , and the environmental quality council in accordance with 5-11-210 on an annual basis. The report must include seasonal and historic population data available from the department or any other source.

(13) The department may not regulate the use or possession of firearms, firearm accessories, or ammunition, including the chemical elements of ammunition used for hunting. This does not prevent:

(a) the restriction of certain hunting seasons to the use of specified hunting arms, such as the establishment of special archery seasons and the special muzzleloader heritage hunting season established in 87-1-304 ;

(b) for human safety, the restriction of certain areas to the use of only specified hunting arms, including bows and arrows, traditional handguns, and muzzleloading rifles;

(c) the restriction of the use of shotguns for the hunting of deer and elk pursuant to 87-6-401 (1)(f);

(d) the regulation of migratory game bird hunting pursuant to 87-3-403 ; or

(e) the restriction of the use of rifles for bird hunting pursuant to 87-6-401 (1)(g) or (1)(h).

(14) The department shall publish an annual public report that shows the number of licenses sold to nonresidents in the previous license year for each species in which the purchase of a license or permit is required. The report must also show how many licenses were issued through opportunities or programs for nonresidents, such as those for the following:

(a) youths;

(b) college students;

(c) nonresidents who were former residents;

(d) nonresident licenses purchased by utilizing an outfitter preference point;

(e) sponsorships by a landowner, family member, or current Montana resident; or

(f) any other license opportunity or program for nonresidents.

(15) The department shall publish an annual public report that shows the data on each hunting district for elk, deer, and antelope by both resident and nonresident hunters. The report must be created using currently available data and must include:

(a) the estimated number of resident hunters, nonresident hunters, and total hunters who hunted in the district;

(b) the estimated number of days the district was hunted by resident hunters, nonresident hunters, and total hunters;

(c) the estimated average number of days that resident hunters, nonresident hunters, and total hunters used the district per hunter; and

(d) the species being hunted in the district.
Mont. Code Ann. § 87-1-711 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-711
87-1-711 Acquisition of land by United States for bison and other big game animals
Status: in_force

87-1-711 . Acquisition of land by United States for bison and other big game animals. Consent of the state of Montana is given to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land or water or of land and water in section 31, township 18 north, range 20 west, Lake County, Montana, and section 36, township 18 north, range 21 west, Sanders County, Montana, excepting the Northern Pacific railway and state of Montana lands within said sections, as the United States may deem necessary for the establishment of an exhibition park for bison and other big game animals, reserving, however, to the state of Montana full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of applicable federal regulations.
Mont. Code Ann. § 87-6-714 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-714
87-6-714 Unlawful taking of crayfish
Status: in_force

87-6-714 . Unlawful taking of crayfish. (1) A person may not take crayfish from the waters of the state, except from private fish ponds regulated under 87-4-603 or as provided in subsection (2) of this section, for sale or commercial distribution.

(2) A person may take crayfish from the waters of the state for sale or commercial distribution as fishing bait under rules adopted by the department under 87-4-609 .

(3) A person convicted of a violation of this section may be fined not less than $50 or more than $500 or may be imprisoned in the county jail for not more than 6 months, or both.
Mont. Code Ann. § 87-1-702 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-702
87-1-702 Powers of department relating to fish restoration and management
Status: in_force

87-1-702 . Powers of department relating to fish restoration and management. The department is hereby authorized to perform such acts as may be necessary to the establishment and conduct of fish restoration and management projects as defined and authorized by the act of congress, provided every project initiated under the provisions of the act shall be under the supervision of the department, and no laws or rules or regulations shall be passed, made, or established relating to said fish restoration and management projects except they be in conformity with the laws of the state of Montana or rules promulgated by the department, and the title to all lands acquired or projects created from lands purchased or acquired by deed or gift shall vest in, be, there remain in the state of Montana and shall be operated and maintained by it in accordance with the laws of the state of Montana. The department shall have no power to accept benefits unless the fish restoration and management projects created or established shall wholly and permanently belong to the state of Montana, except as hereinafter provided.
Mont. Code Ann. § 87-2-121 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-121
87-2-121 Lawful method of hunting on landowner's private property
Status: in_force

87-2-121 . Lawful method of hunting on landowner's private property. In recognition of the inalienable right of persons to acquire and possess property in all lawful ways contained in Article II, section 3, of the Montana constitution and of the heritage of individual citizens to harvest wild game animals contained in Article IX, section 7, of the Montana constitution, a landowner and a landowner's guests and lessees may hunt on the landowner's private property as long as the hunting is conducted in the manner provided by law and is consistent with regulations.
Mont. Code Ann. § 87-2-115 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-115
87-2-115 Nonresident elk and deer license preference point system
Status: in_force

87-2-115 . Nonresident elk and deer license preference point system. (1) The department shall establish a preference point system to distribute Class B-10 nonresident big game combination licenses and Class B-11 nonresident deer combination licenses.

(2) Nonresidents applying to purchase a Class B-10 or Class B-11 license may purchase a preference point, upon payment of a nonrefundable $100 fee, that gives an applicant who has more preference points priority to receive a Class B-10 or Class B-11 license over an applicant who has purchased fewer preference points.

(3) An applicant may:

(a) purchase only one preference point per license year except a nonresident hunting with an outfitter licensed pursuant to Title 37, chapter 47, part 3, and providing the documentation required in subsection (8), may purchase two preference points per license year. No applicant may accumulate more than three preference points total.

(b) purchase a preference point without applying for a Class B-10 or Class B-11 license. An applicant not applying for a Class B-10 or Class B-11 license may purchase a preference point only between July 1 and December 31 of that license year.

(4) (a) The department shall delete an applicant's accumulated preference points if the applicant:

(i) obtains a Class B-10 or Class B-11 license; or

(ii) does not apply for a Class B-10 or Class B-11 license in consecutive years.

(b) If an applicant is unsuccessful in drawing a Class B-10 or Class B-11 license, the department shall allow the applicant to keep and apply preference points to subsequent drawings if done in consecutive years.

(5) Subject to the provisions of 87-2-714 , the department shall issue 75% of the Class B-10 and Class B-11 licenses made available for purchase pursuant to 87-2-505 and 87-2-510 by drawings in which the licenses are awarded to applicants in the order of which applicants have purchased the greatest number of preference points. If the number of licenses to be issued under this subsection exceeds the number of applicants who have purchased preference points, the remaining licenses must be added to the licenses issued pursuant to subsection (6).

(6) Subject to the provisions of 87-2-714 , the department shall issue 25% of the Class B-10 and Class B-11 licenses made available for purchase pursuant to 87-2-505 and 87-2-510 by drawings in which the licenses are awarded to applicants who have not purchased any preference points. If the number of licenses to be issued under this subsection exceeds the number of applicants who have not purchased preference points, the remaining licenses must be added to the licenses issued pursuant to subsection (5).

(7) Up to five applicants may apply as a party under this section. The department shall use an average of the number of preference points accumulated by those applicants to determine their priority in receiving licenses issued pursuant to subsection (5). The department shall calculate the average rounded to the third decimal place.

(8) A nonresident purchasing a second preference point pursuant to subsection (3)(a) shall provide written affirmation at the time of application indicating the name and license number of the outfitter with whom the person intends to hunt. If the nonresident obtains the license applied for with the preference points purchased pursuant to subsection (3)(a), the nonresident may only use the license when accompanied by an outfitter or the outfitter's designee licensed to provide guiding services.

(9) (a) Fees collected from a nonresident purchasing a second preference point pursuant to subsection (3)(a) must be allocated as follows:

(i) 25% to public access land agreements established pursuant to 87-1-295 ;

(ii) 25% to hunting access programs established pursuant to 87-1-265 ;

(iii) 25% to the future fisheries program established in 87-1-272 with a priority given to funding projects that provide public access through private property; and

(iv) 25% to the purchase of permanent easements through private property to access otherwise inaccessible lands. An easement funded by this subsection (9)(a)(iv) may be granted only across private land to public land that is leased by the landowner, public land for which there is no leaseholder, or public land for which the landowner has consent of the leaseholder.

(b) The department may expend up to 10% of the revenue allocated pursuant to subsection (9)(a) to pay administrative costs incurred by the department for the purposes outlined in subsection (9)(a), including but not limited to contracting and transaction costs incurred by the department or entities partnering with the department, and for providing support to the private land/public wildlife advisory committee for its review of public access land agreements pursuant to 87-1-295 .

(c) At the end of each fiscal year, funds allocated pursuant to subsection (9)(a) that remain unobligated are available to the department for any purpose pursuant to 87-1-201 (3).
Mont. Code Ann. § 87-6-405 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-405
87-6-405 Unlawful use of vehicle while hunting
Status: in_force

87-6-405 . Unlawful use of vehicle while hunting. (1) Except as provided in 87-2-803 , a person may not hunt or attempt to hunt any game animal or game bird from any self-propelled, motor-driven, or drawn vehicle. For the purposes of this section, the term "hunt" does not include:

(a) spotting game from a vehicle; or

(b) if hunting on, from, or across a road or trail or the shoulder, berm, or barrow pit right-of-way of a road or trail that is not a public highway, as defined in 61-1-101 , a person who has both feet on the ground and whose body is outside of a vehicle.

(2) While hunting, a person may not:

(a) use a motor-driven vehicle other than on a road or trail designated for travel by a landowner unless permission has been given by that landowner;

(b) use a motor-driven vehicle on a road or trail on state land if that road or trail is posted as closed by the land management agency unless permission has been given by that land management agency. The restriction in this subsection (2)(b) applies only to state land and not to federal land.

(c) use a motor-driven vehicle off road on state land.

(3) The following penalties apply for a violation of this section:

(a) A person convicted of or who forfeits bond or bail after being charged with a violation of subsection (1) shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless the court imposes a longer period.

(b) A person convicted of or who forfeits bond or bail after being charged with a violation of subsection (2) shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(4) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907 .
Mont. Code Ann. § 87-5-116 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-116
87-5-116 Limited taking of certain nongame wildlife for commercial purposes -- exceptions
Status: in_force

87-5-116 . Limited taking of certain nongame wildlife for commercial purposes -- exceptions. (1) The following nongame wildlife may not be taken for commercial purposes, except as provided in subsections (3) and (4), without prior authorization of the department, subject to regulations adopted by the department:

(a) northern flying squirrel (Glaucomys sabrinus);

(b) pika (Ochotona princeps);

(c) pygmy rabbit (Brachylagus idahoensis);

(d) amphibians native to the state of Montana; and

(e) reptiles native to the state of Montana.

(2) The department may regulate the taking of nongame wildlife for commercial purposes. Regulations may establish limitations related to the taking, possession, transportation, exportation, processing, sale or offer for sale, and shipment of nongame wildlife that are considered necessary to manage nongame wildlife.

(3) The harvest of the prairie rattlesnake (Crotalus viridis) for commercial purposes may not be regulated under this section.

(4) This section does not prohibit:

(a) outfitting for the shooting of nongame wildlife;

(b) payment by a landowner to an individual for shooting or removing nongame wildlife; or

(c) the use of byproducts of nongame wildlife in fishing flies, jewelry, or other handicrafts.
Mont. Code Ann. § 87-4-910 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-910
87-4-910 Transportation of birds
Status: in_force

87-4-910 . Transportation of birds. Any birds purchased for use on a game bird farm or any birds raised on a game bird farm may be transported only in compliance with Title 81, chapter 2, part 7, and applicable administrative rules.
Mont. Code Ann. § 87-1-249 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-249
87-1-249 Rules
Status: in_force

87-1-249 . Rules. (1) The department shall adopt rules for the administration of the upland game bird enhancement program created in 87-1-246 through 87-1-249 .

(2) The rules must:

(a) provide for eligibility criteria for project applications, including project evaluation criteria that incorporate the following factors:

(i) proposed project acreage of suitable size;

(ii) proposed project acreage and adjoining lands that are suitable for upland game bird habitat;

(iii) evidence that existing and potential species will benefit from the project;

(iv) the number of acres that will be open to and suitable for public bird hunting under the proposal; and

(v) in addition to the criteria in subsections (2)(a)(i) through (2)(a)(iv), preference to proposed projects with:

(A) longer contract length and larger landowner cost share;

(B) lands with special or unique components, such as wetlands; and

(C) a landowner history of providing hunter access and habitat enhancement;

(b) be consistent with general requirements of the federal conservation reserve program, the agricultural conservation program, and hunting access programs established pursuant to 87-1-265 so that landowners who participate in those programs may also be eligible for participation in the upland game bird enhancement program;

(c) specifically indicate specifications under which upland game birds will be released in project areas, including but not limited to:

(i) habitat requirements;

(ii) number of upland game birds to be released;

(iii) health requirements;

(iv) banding requirements;

(v) time for release;

(vi) age of birds to be released; and

(vii) reimbursement amount for each bird released;

(d) establish application procedures for project funding and review and for approval or denial of applications; and

(e) establish project monitoring and reporting procedures, including a requirement that payments for projects authorized pursuant to 87-1-247 be supported by contracts, invoices, receipts, or other supporting documentation.
Mont. Code Ann. § 87-5-709 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-709
87-5-709 Exceptions and exemptions to possession and sale of exotic wildlife
Status: in_force

87-5-709 . Exceptions and exemptions to possession and sale of exotic wildlife. (1) Sections 87-5-705 through 87-5-708 and this section do not apply to:

(a) institutions that have established that their proposed facilities are adequate to provide secure confinement of wildlife, including:

(i) an accredited zoological garden or wildlife sanctuary chartered by the state as a nonprofit corporation;

(ii) a roadside menagerie permitted under 87-4-803 that was established for the purpose of exhibition or attracting trade;

(iii) a research facility for testing and science that employs individuals licensed under 37-34-301 or that submits evidence to the department that it meets animal testing standards as provided by the national institutes of health, the national science foundation, the centers for disease control and prevention, the United States department of agriculture, or another similar nationally recognized and approved testing standard; or

(b) domestic animals.

(2) Authorization for possession must be provided by the department for exotic wildlife possessed as of January 1, 2004, and the authorization may include any conditions and restrictions necessary to minimize risks.
Mont. Code Ann. § 87-1-107 — MT Code / Title 87 / Chapter 1 / Part 1 / Section 87-1-107
87-1-107 Right to harvest -- legislative intent
Status: in_force

87-1-107 . Right to harvest -- legislative intent. The legislature, mindful of its constitutional obligations under Article II, section 3, of the Montana constitution protecting the inalienable rights of a person to pursue life's basic necessities, enjoy the person's life and liberties, and pursue happiness in all lawful ways, and Article IX, section 7, of the Montana constitution protecting the opportunity for a person to harvest wild fish and wild game animals while not diminishing other private rights, has enacted the laws of this title pertaining to the lawful means of hunting, fishing, and trapping, as defined in 87-2-101 and 87-6-101 , as adequate remedies for the preservation of the harvest heritage of the individual citizens of this state.
Mont. Code Ann. § 87-2-305 — MT Code / Title 87 / Chapter 2 / Part 3 / Section 87-2-305
87-2-305 Navigable waters subject to fishing rights
Status: in_force

87-2-305 . Navigable waters subject to fishing rights. Navigable rivers, sloughs, or streams between the lines of ordinary high water thereof of the state of Montana and all rivers, sloughs, and streams flowing through any public lands of the state shall hereafter be public waters for the purpose of angling, and any rights of title to such streams or the land between the high water flow lines or within the meander lines of navigable streams shall be subject to the right of any person owning an angler's license of this state who desires to angle therein or along their banks to go upon the same for such purpose.
Mont. Code Ann. § 87-6-415 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-415
87-6-415 Failure to obtain landowner's permission for hunting
Status: in_force

87-6-415 . Failure to obtain landowner's permission for hunting. (1) A person may not hunt or attempt to hunt furbearers, game animals, migratory game birds, nongame wildlife, predatory animals, upland game birds, or wolves on private property without first obtaining permission of the landowner, the lessee, or their agents.

(2) A person who violates this section shall, upon conviction for a first offense, be fined not less than $135 or more than $500.

(3) A person convicted of a second or subsequent offense of hunting on private property without obtaining permission of the landowner within 5 years shall be fined not less than $500 or more than $1,000.

(4) In addition, the person, upon conviction under subsection (3) or forfeiture of bond or bail:

(a) shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for not less than 12 months or more than 3 years from the date of conviction or forfeiture of bond or bail; and

(b) may be ordered to make restitution for property damage resulting from the violation in an amount and manner to be set by the court. The court shall determine the manner and amount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.

(5) For the purposes of this section, the term "hunt" has the same meaning as provided in 87-6-101 and includes entering private land to:

(a) retrieve wildlife; or

(b) access public land to hunt.
Mont. Code Ann. § 87-2-105 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-105
87-2-105 Hunter safety and education required
Status: in_force

87-2-105 . Hunter safety and education required. (1) Except for a youth who qualifies for a license pursuant to 87-2-805 (4) or (5) or a person who has been issued an apprentice certificate pursuant to 87-2-810 , a hunting license may not be issued to a person born after January 1, 1985, unless the person authorized to issue the license determines proof of completion of:

(a) a Montana hunter safety and education course established in subsection (4) or (6);

(b) a hunter safety course in any other state or province; or

(c) a Montana hunter safety and education course that qualifies the person for a provisional certificate as provided in 87-2-126 .

(2) A hunting license may not be issued to a member of the regular armed forces of the United States or to a member of the armed forces of a foreign government attached to the armed forces of the United States who is assigned to active duty in Montana and who is otherwise considered a resident under 87-2-102 (1) or to a member's spouse or dependent, as defined in 87-2-102 , who resides in the member's household, unless the person authorized to issue the license determines proof of completion of a hunter safety and education course approved by the department or a hunter safety course in any state or province.

(3) A bow and arrow license may not be issued to a resident or nonresident unless the person authorized to issue the license receives an archery license issued for a prior hunting season or determines proof of completion of a bowhunter education course from the national bowhunter education foundation or any other bowhunter education program approved by the department. Neither the department nor the license agent is required to provide records of past archery license purchases. As part of the department's bow and arrow licensing procedures, the department shall notify the public regarding bowhunter education requirements.

(4) The department shall provide for a hunter safety and education course that includes instruction in the safe handling of firearms and for that purpose may cooperate with any reputable organization having as one of its objectives the promotion of hunter safety and education. The department may designate as an instructor any person it finds to be competent to give instructions in hunter safety and education, including the handling of firearms. A person appointed shall give the course of instruction and shall issue a certificate of completion from Montana's hunter safety and education course to a person successfully completing the course.

(5) The department shall provide for a course of instruction from the national bowhunter education foundation or any other bowhunter education program approved by the department and for that purpose may cooperate with any reputable organization having as one of its objectives the promotion of safety in the handling of bow hunting tackle. The department may designate as an instructor any person it finds to be competent to give bowhunter education instruction. A person appointed shall give the course of instruction and shall issue a certificate of completion to a person successfully completing the course.

(6) The department may develop an adult hunter safety and education course.

(7) The department may adopt rules regarding how a person authorized to issue a license determines proof of completion of a required course.
Mont. Code Ann. § 87-5-406 — MT Code / Title 87 / Chapter 5 / Part 4 / Section 87-5-406
87-5-406 Gates of the Mountains game preserve
Status: in_force

87-5-406 . Gates of the Mountains game preserve. (1) Beginning in section 2, township 12 north, range 3 west, at the southeast corner of upper Holter Lake and proceeding westerly along the northern shoreline of upper Holter Lake in the Gates of the Mountains area located in Lewis and Clark County, Montana, and then northerly along Stoney Point Beacon road, then northerly along the powerline to the beacon, then along the bulldozer road to the point of the ridge in section 23, township 13 north, range 3 west, then northerly to the Missouri River, then easterly across the river and lake to the forest service boundary to the wilderness boundary, then south following the wilderness boundary to the southeast corner of section 1, township 12 north, range 3 west, then west back to the upper Holter Lake to the point of beginning, intending to include in the game preserve all that territory adjacent to the Gates of the Mountains area, is called the Gates of the Mountains game preserve.

(2) It is unlawful for any person to hunt, as defined in 87-2-101 , or destroy or in any way injure any bird or fur-bearing animal in the area or to interfere with their eggs or nests or to hunt any bird or fur-bearing animal within the preserve. The area is closed to all hunting at all times.
Mont. Code Ann. § 87-5-108 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-108
87-5-108 Establishment of programs
Status: in_force

87-5-108 . Establishment of programs. (1) The director shall establish programs, including acquisition of land or aquatic habitat, that are considered necessary for management of nongame and endangered wildlife. The department shall establish policies that are necessary to carry out the purpose of 87-5-109 and this section.

(2) In carrying out programs authorized by this section, the department may enter into agreements with federal agencies, political subdivisions of the state, or with private persons for administration and management of any area established under 87-5-109 and this section or used for management of nongame or endangered wildlife.

(3) The governor shall review other programs administered by the governor and, to the extent practicable, use those programs in furtherance of the purposes of 87-5-109 and this section. The governor shall also encourage other state and federal agencies to use their authorities in furtherance of the purposes of 87-5-109 and this section.
Mont. Code Ann. § 87-3-602 — MT Code / Title 87 / Chapter 3 / Part 6 / Section 87-3-602
87-3-602 Training bird hunting dogs -- Class D-5 license
Status: in_force

87-3-602 . Training bird hunting dogs -- Class D-5 license. (1) (a) Training of bird hunting dogs using game birds not raised in captivity is allowed with the purchase of a Class D-5 license and pursuant to the requirements of this part.

(b) A Class D-5 license is required for training bird dogs using game birds not raised in captivity. A person who is at least 18 years of age or older or who will turn 18 years of age during the season for which the license is issued may purchase a license for a fee of $5 for residents and $10 for nonresidents. The department may issue a free resident or nonresident Class D-5 license to a youth who is 12 to 18 years of age.

(c) An applicant for a Class D-5 license shall report on the application the number of dogs to be trained. The number of dogs must be printed on the license issued by the department.

(2) A Class D-5 license is not required for a person training bird hunting dogs with a method that kills game birds raised in captivity. A person shall tag or mark the captive game bird prior to release. Captive game birds must be obtained from a game bird farm licensed under 87-4-903 or from a source of game birds approved by the department.

(3) A person who takes an untagged or unmarked game bird while training a bird hunting dog outside of the established season for that species or who is not licensed to take that species shall immediately report the taking to a representative of the department.
Mont. Code Ann. § 87-5-918 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-918
87-5-918 Reporting
Status: in_force

87-5-918 . Reporting. (1) The oversight team shall report to the governor regularly and provide an annual report to the governor, the environmental quality council in accordance with 5-11-210 , the board of land commissioners, and the county commissions in the counties where projects were funded pursuant to this part. The annual report must include information on activities undertaken pursuant to this part, including but not limited to:

(a) any appropriation, grant, gift, transfer, bequest, or donation received, including interest in real property;

(b) each grant awarded and the details of each grant's status and results; and

(c) any compensatory mitigation activities.

(2) The oversight team shall annually report to the environmental quality council in accordance with 5-11-210 the findings of its review of staffing needs to effectively implement this part, as well as the costs and benefits of doing so, conducted pursuant to 87-5-905 (1)(j).
Mont. Code Ann. § 87-1-324 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-324
87-1-324 Sustainable elk, deer, and antelope populations program -- funding
Status: in_force

87-1-324 . Sustainable elk, deer, and antelope populations program -- funding. The department shall use money from the fish and game fund, as described in 87-1-601 (3), to implement 87-1-321 through 87-1-325 .
Mont. Code Ann. § 87-1-225 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-225
87-1-225 Regulation of wild animals damaging property -- public hunting requirements
Status: in_force

87-1-225 . Regulation of wild animals damaging property -- public hunting requirements. (1) Subject to the provisions of subsection (2), a landowner is eligible for game damage assistance under subsection (3) if the landowner:

(a) allows public hunting during established hunting seasons; or

(b) does not significantly reduce public hunting through imposed restrictions.

(2) The department may provide game damage assistance when public hunting on a landowner's property has been denied because of unique or special circumstances that have rendered public hunting inappropriate.

(3) Within 48 hours after receiving a request or complaint from any landholder or person in possession and having charge of any land in the state that wild animals of the state, protected by the fish and game laws and regulations, are doing damage to the property or crops on the property, the department shall investigate and arrange to study the situation with respect to damage and depredation. The department may then decide to open a special season on the game or, if the special season method is not feasible, the department may destroy the animals causing the damage. The department may authorize and grant the holders of the property permission to kill or destroy a specified number of the animals causing the damage. A wild, ferocious animal damaging property or endangering life is not covered by this section.
Mont. Code Ann. § 87-6-603 — MT Code / Title 87 / Chapter 6 / Part 6 / Section 87-6-603
87-6-603 Waste of fur-bearing animal
Status: in_force

87-6-603 . Waste of fur-bearing animal. (1) A person may not waste a fur-bearing animal by purposely or knowingly:

(a) failing to pick up traps or snares at the end of the trapping season so that the pelt of a fur-bearing animal is wasted;

(b) attending traps or snares so that fur-bearing animals are wasted; or

(c) wasting the pelt of any fur-bearing animal.

(2) The department shall enforce the provisions of this section.

(3) The following are exempt from this section:

(a) federal, state, and county predator control programs; and

(b) pelts of muskrat and beaver killed pursuant to 87-6-602 (2).

(4) As used in this section, "pelt" means the pelt, skin, or fur of a fur-bearing animal.

(5) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, a person, upon conviction or forfeiture of bond or bail, shall:

(a) forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period; and

(b) pay restitution pursuant to 87-6-905 and 87-6-906 .
Mont. Code Ann. § 87-6-914 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-914
87-6-914 Disposition of proceeds from restitution
Status: in_force

87-6-914 . Disposition of proceeds from restitution. All money collected by a court pursuant to 87-6-905 through 87-6-908 must be remitted to the department of revenue for deposit in the state special revenue fund account to the credit of the department for hunter education purposes or for enforcement.
Mont. Code Ann. § 87-1-251 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-251
87-1-251 Upland game bird enhancement program -- advisory council
Status: in_force

87-1-251 . Upland game bird enhancement program -- advisory council. (1) There is an upland game bird citizens' advisory council consisting of 12 members appointed by the director and serving staggered 4-year terms. The 12 members must include a public member representing each of the department's administrative regions. Council membership must include:

(a) an upland game bird hunter;

(b) a local chamber of commerce representative;

(c) a conservationist;

(d) an upland game bird biologist;

(e) at least two landowners, one of whom must be enrolled in the block management program; and

(f) a senator and a representative from different political parties.

(2) The council shall meet at least once each year but not more than once each month as necessary to:

(a) advise the department on the development and maintenance of a 10-year strategic plan that at a minimum:

(i) defines quantifiable goals, objectives, and performance measurements for the upland game bird enhancement program based on need by administrative region, taking into consideration any biological, recreational, or economic benefit, including the prioritization of at-risk upland game bird species and their associated habitats;

(ii) establishes regional and statewide priorities for the development of upland game bird habitat based on land management needs, sustaining upland game bird populations, and landowner input;

(iii) prioritizes resource allocation, including funding and personnel, in accordance with objectives and goals established pursuant to this subsection (2)(a);

(iv) promotes landowner outreach and relations with both private and public landowners;

(v) provides for the ongoing monitoring of, access to, and signage for upland game bird enhancement projects, as well as the renewal or replacement of expiring projects; and

(vi) develops strategies to ensure the effective release of upland game birds and use of funding for upland game bird releases; and

(b) provide ongoing monitoring of upland game bird enhancement program activities, including but not limited to receipt from the department of an annual:

(i) activity report to evaluate whether objectives, goals, and performance measurements established pursuant to subsection (2)(a) are being met or are expected to be met;

(ii) financial report, providing a summary of revenue and expenditures for the upland game bird enhancement program and any unreserved balance remaining at the end of the fiscal year from fees collected pursuant to 87-1-246 ; and

(iii) report reviewing whether upland game bird enhancement project contracts are in compliance with 87-1-248 and rules adopted pursuant to 87-1-249 .

(3) The council may recommend rules for adoption by the department.

(4) Each member of the council is entitled to receive compensation as provided in 2-15-122 and travel expenses as provided in 2-18-501 through 2-18-503 for each day spent on official council business. Council members who conduct official council business in their city of residence are entitled to receive a midday meal allowance as provided in 2-18-502 .

(5) The department shall provide administrative support as necessary to assist the advisory council in its duties pursuant to this section.
Mont. Code Ann. § 87-2-601 — MT Code / Title 87 / Chapter 2 / Part 6 / Section 87-2-601
87-2-601 Class C--trapper's license
Status: in_force

87-2-601 . Class C--trapper's license. Except as otherwise provided in this chapter, a resident, as defined in 87-2-102 , who is 12 years of age or older, upon making application and payment of a fee of $20 to the department, may receive a Class C license that authorizes the holder to trap fur-bearing animals within the state at the times and in the manner provided by law and the regulations of the commission and at the places that may be designated in the license. This license includes the Class C-4 license to hunt bobcat, wolverine, and Canada lynx established in 87-2-606 .
Mont. Code Ann. § 87-2-711 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-711
87-2-711 Class AAA--combination sports license
Status: in_force

87-2-711 . (Temporary) Class AAA--combination sports license. (1) Except as otherwise provided in this chapter, a resident, as defined by 87-2-102 , who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued is entitled to:

(a) a combination sports license that permits a holder who is 12 years of age or older to exercise all rights granted to holders of Class A, A-1, A-3, and A-5 licenses upon payment of the sum of $62; or

(b) a combination sports license that permits a holder who is 12 years of age or older to exercise all rights granted in subsection (1)(a) and the additional rights granted to holders of a Class A-6 tag upon payment of the sum of $77.

(2) The department may furnish each holder of a combination sports license an appropriate decal.
Mont. Code Ann. § 87-1-302 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-302
87-1-302 Commission meetings
Status: in_force

87-1-302 . Commission meetings. The members of the commission shall hold quarterly or other meetings for the transaction of business at times and places it considers necessary and proper. The meetings must be called by the presiding officer or by a majority of the commission and must be held at the time and place specified in the call for the meeting. A majority of the members of the commission constitute a quorum for the transaction of any business that may come before it. The commission shall keep a record of all the business transacted by it. The presiding officer and secretary shall sign all orders, minutes, or documents for the commission.
Mont. Code Ann. § 87-5-706 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-706
87-5-706 Noncontrolled exotic wildlife authorized for possession or sale
Status: in_force

87-5-706 . Noncontrolled exotic wildlife authorized for possession or sale. (1) The following noncontrolled exotic wildlife may not be released or transplanted in the state but may be possessed or sold as pets in Montana without a permit:

(a) tropical and subtropical birds in the order Passeriformes, including but not limited to birds in the families:

(i) Sturnidae (mynahs);

(ii) Ramphastidae (toucans, toucanettes);

(iii) Fringillidae (siskins);

(iv) Estrildidae (finches);

(v) Emberizidae (cardinals);

(vi) Ploceidae (weavers);

(vii) Timaliidae (mesias);

(viii) Viduinae (wydahs);

(ix) Thraupidae (tanagers);

(x) Zosteropidae (zosterops);

(xi) Psittacidae (parrots);

(xii) Loriidae (lories); and

(xiii) Cacatuidae (cockatoos);

(b) nonnative species in the subfamily Phaisianae, except:

(i) chukar partridge (Alectoris chukar);

(ii) gray (Hungarian) partridge (Perdix perdix);

(iii) ring-necked pheasant (Phasianus colchicus); and

(iv) turkey (Meleagris gallopavo);

(c) all tropical fish, subtropical fish, marine fish, common goldfish (Carassius auratus), and koi (Cyprinus carpio) for use in residential and office aquariums;

(d) unless otherwise regulated pursuant to 87-5-116 , all nonnative tropical and subtropical species of nonvenomous snakes not on the controlled or prohibited lists in the families:

(i) Boidae (boas);

(ii) Bolyeriidae (Round Island Boas);

(iii) Tropidophiidae (dwarf boas);

(iv) Pythonidae (pythons);

(v) Colubridae (modern snakes);

(vi) Acrochordidae (file and elephant trunk snakes);

(vii) Xenopeltidae (sunbeam snakes);

(viii) Aniliidae (pipe snakes);

(ix) Uropeltidae (shield-tailed snakes);

(x) Anomalepididae (blind snakes);

(xi) Leptotyphlopidae (blind snakes); and

(xii) Typhlopidae (blind snakes);

(e) unless otherwise regulated pursuant to 87-5-116 , all nonnative tropical and subtropical species of nonvenomous lizards not on the controlled or prohibited lists, including but not limited to the following families or subfamilies:

(i) Agamidae (chisel-teeth lizards);

(ii) Amphisbaenidae (worm lizards);

(iii) Anelytropsidae (limbless lizards);

(iv) Anguidae (glass and alligator lizards);

(v) Anniellidae (legless lizards);

(vi) Chamaeleonidae (chameleons);

(vii) Cordylidae (girdle-tailed lizards);

(viii) Corytophanidae (casquehead lizards);

(ix) Crotaphytidae (collared and leopard lizards);

(x) Dibamidae (blind lizards);

(xi) Eublepharidae (eyelid geckos);

(xii) Feyliniidae (African snake skinks);

(xiii) Gekkonidae (geckos);

(xiv) Helodermatidae (beaded lizards and gila monsters);

(xv) Iguanidae (iguanas);

(xvi) Lacertidae (wall lizards);

(xvii) Lanthanotidae (earless monitor);

(xviii) Phrynosomatidae (earless, spiny, and horned lizards);

(xix) Polychrotidae (anoles);

(xx) Pygopodidae (snake lizards);

(xxi) Scincidae (skinks);

(xxii) Teiidae (whiptail);

(xxiii) Tropiduridae (neotropical ground lizards);

(xxiv) Varanidae (monitor lizard);

(xxv) Xantusiidae (night lizards); and

(xxvi) Xenosauridae (knob-scaled lizards);

(f) unless otherwise regulated pursuant to 87-5-116 , all nonnative tropical and subtropical species of turtles with a carapace or shell length of more than 4 inches and not on the controlled or prohibited lists in the families:

(i) Carettochelyidae (New Guinea softshell turtles);

(ii) Chelidae (snake-necked turtles);

(iii) Chelydridae (snapping turtles);

(iv) Dermatemydidae (Central American river turtle);

(v) Emydidae (pond turtles);

(vi) Kinosternidae (mud turtles and musk turtles);

(vii) Pelomedusidae (hidden-necked turtles);

(viii) Platysternidae (big-headed turtle);

(ix) Testudinidae (tortoises); and

(x) Trionychidae (soft-shelled turtles);

(g) unless otherwise regulated pursuant to 87-5-116 , all nonnative tropical and subtropical species of frogs and toads not on the controlled or prohibited lists in the families:

(i) Atelopodidae (harlequin frogs);

(ii) Bufonidae (true toads);

(iii) Centrolenidae (glass frogs);

(iv) Dendrobatidae (poison dart frogs);

(v) Hylidae (tree frogs);

(vi) Leptodactylidae (rain frogs);

(vii) Microhylidae (narrow-mouthed toads);

(viii) Pelobatidae (spadefoot toads);

(ix) Pelodytidae (old world spadefoot toads);

(x) Ranidae (true frogs, except bullfrogs, Rana catesbeiana);

(xi) Rhacophoridae (old world tree frogs); and

(xii) Rhinophrynidae (Mexican burrowing frog);

(h) unless otherwise regulated pursuant to 87-5-116 , all nonnative tropical and subtropical species of limbless amphibians not on the controlled or prohibited lists in the families:

(i) Caeciliidae (caecilians);

(ii) Ichthyophiidae (fish caecilians);

(iii) Rhinatrematidae (beaked caecilians);

(iv) Scolecomorphidae (tropical caecilians); and

(v) Uraeotyphlidae (Indian caecilians); and

(i) unless otherwise regulated pursuant to 87-5-116 , all nonnative tropical and subtropical species of salamanders not on the controlled or prohibited lists in the families:

(i) Ambystomatidae (mole salamanders);

(ii) Amphiumidae (amphiumas);

(iii) Cryptobranchidae (hellbenders);

(iv) Dicamptodontidae (giant salamanders);

(v) Hynobiidae (Asian salamanders);

(vi) Plethodontidae (woodland salamanders);

(vii) Proteidae (waterdogs);

(viii) Salamandridae (newts, except for rough-skinned newt, Taricha granulosa); and

(ix) Sirenidae (sirens).

(2) The commission may by rule authorize the possession or sale of other species of noncontrolled exotic wildlife that are not listed in subsection (1) if it is determined that the other species present minimal disease, ecological, environmental, safety, or health risks.
Mont. Code Ann. § 87-2-524 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-524
87-2-524 Class E-2--nonresident wolf license
Status: in_force

87-2-524 . Class E-2--nonresident wolf license. (1) Except as otherwise provided in this chapter and in subsection (2) of this section, a person who is not a resident, as defined in 87-2-102 , but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued, upon payment of a fee of $50, may receive a Class E-2 license that entitles a holder who is 12 years of age or older to hunt a wolf and possess the carcass of the wolf as authorized by commission rules.

(2) A nonresident holder of a valid Class B-10 nonresident big game combination license or Class B-11 deer combination license may purchase the first Class E-2 license the person obtains in that license year for one-half the cost.

(3) Fees collected pursuant to this section must be deposited and used in accordance with 87-1-623 .
Mont. Code Ann. § 87-1-630 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-630
87-1-630 Supporting bowhunters with disabilities account
Status: in_force

87-1-630 . Supporting bowhunters with disabilities account. (1) There is a supporting bowhunters with disabilities account in the state special revenue fund established by 17-2-102 . Funds deposited into this account must be used by the department for the purposes of 87-1-298 .

(2) The following money must be deposited into the account:

(a) donations received pursuant to 87-1-298 ;

(b) interest earned on the account; and

(c) money received by the department in the form of gifts or grants or from any source intended to be used for the purposes of 87-1-298 .

(3) Any money in the account that is unspent or unencumbered at the end of a fiscal year must remain in the account.
Mont. Code Ann. § 87-3-114 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-114
87-3-114 Labeling of packages
Status: in_force

87-3-114 . Labeling of packages. All shippers of fish, game or nongame birds, game animals, fur-bearing animals, the skins of fur-bearing animals or predatory animals, or parts thereof are required to label all packages offered for shipment by parcel post, common carrier, or otherwise. The label shall be securely attached to the address of the package and shall plainly indicate the names and addresses of the consignor and consignee and the complete contents of the package.
Mont. Code Ann. § 87-4-418 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-418
87-4-418 Unlawful capture
Status: in_force

87-4-418 . Unlawful capture. A person may not capture, take, or otherwise acquire any game animal in this state for use on an alternative livestock ranch.
Mont. Code Ann. § 87-1-234 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-234
87-1-234 Exceptions to tattoo and compensation requirements
Status: in_force

87-1-234 . Exceptions to tattoo and compensation requirements. Sections 87-1-232 , 87-1-233 , and 87-6-701 do not apply to those animals:

(1) captured and released as part of an ongoing game management program or an ongoing predator control program unless the animals have been involved in livestock killing; or

(2) captured and released as part of a scientific, educational, or research program as certified by the department.
Mont. Code Ann. § 87-6-302 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-302
87-6-302 Unlawful procurement of license, permit, or tag
Status: in_force

87-6-302 . Unlawful procurement of license, permit, or tag. (1) A person may not:

(a) subscribe to or make any materially false statement on an application or license. Any materially false statement contained in an application renders the license issued pursuant to it void.

(b) purchase or apply for a hunting, fishing, or trapping license without first having obtained a conservation license pursuant to 87-2-201 ; or

(c) purposely or knowingly assist an unqualified applicant in obtaining a resident license.

(2) A license agent may not sell any hunting, fishing, or trapping license to:

(a) an applicant who fails to produce the required identification at the time of application for licensure pursuant to 87-2-106 (1) and 87-2-202 (1); or

(b) a person who does not present the person's conservation license at the time of application for the license.

(3) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, except as provided in subsection (4), the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(4) A person convicted under subsection (1)(a) of unlawfully procuring a replacement license, permit, or tag shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless a court imposes a longer period. For each subsequent violation, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for the same period of time imposed by the court for the person's previous violation plus an additional 24 months.
Mont. Code Ann. § 87-2-904 — MT Code / Title 87 / Chapter 2 / Part 9 / Section 87-2-904
87-2-904 Nontransferability of appointments -- revocation and oaths
Status: in_force

87-2-904 . Nontransferability of appointments -- revocation and oaths. Appointments of license agents shall be nontransferable, and each appointment shall be valid only at the single location of the business as stated on the certificate of appointment. Such appointments may be summarily revoked at any time by the director upon discontinuance of the business at the stated location or for noncompliance with the provisions of this part or other regulations. Duly appointed license agents are hereby authorized to administer oaths to applicants for hunting and fishing licenses and for other permits and certificates prescribed by the department.
Mont. Code Ann. § 87-4-607 — MT Code / Title 87 / Chapter 4 / Part 6 / Section 87-4-607
87-4-607 Revocation of fish pond license -- penalties and fines -- rulemaking
Status: in_force

87-4-607 . Revocation of fish pond license -- penalties and fines -- rulemaking. (1) If the department discovers a violation of this part, it may institute revocation proceedings after providing reasonable notice and opportunity for a hearing to the licensee. After the hearing and upon proof of the violation, the department may revoke the fish pond license.

(2) The department may adopt rules necessary to implement the provisions of this section, including those related to compliance strategies, penalties, and fines.
Mont. Code Ann. § 87-1-603 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-603
87-1-603 Department-owned land subject to taxation -- exceptions
Status: in_force

87-1-603 . Department-owned land subject to taxation -- exceptions. (1) All land owned by the department of fish, wildlife, and parks is subject to taxation and must be assessed by the department of revenue as if it were taxable to a private citizen, except:

(a) department-owned land purchased before May 10, 2009, totaling less than 100 acres in a county; and

(b) lands owned by the department purchased before May 10, 2009, for game or bird farms or for fish hatchery purposes or lands acquired and managed for the purposes of Title 23, chapter 1.

(2) For every department purchase of land, the department shall notify the treasurer in the county where land was purchased.

(3) The amount to be paid to each county pursuant to this section is statutorily appropriated, as provided in 17-7-502 .
Mont. Code Ann. § 87-5-811 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-811
87-5-811 Habitat legacy account
Status: in_force

87-5-811 . Habitat legacy account. (1) There is a habitat legacy account in the state special revenue fund established in 17-2-102 . The account is administered by the department of fish, wildlife, and parks. All funds received pursuant to 16-12-111 (4)(b) must be deposited in the account.

(2) Except as provided in subsection (3), at the end of each fiscal year the state treasurer shall make the following transfers from this account:

(a) 75% to the land and wildlife stewardship account established in 87-5-812 to be used solely, together with the interest and income from the money, as funding to secure wildlife habitat pursuant to 87-1-209 and 87-5-812 ;

(b) 20% to the account established in 87-5-813 ; and

(c) 5% to the account established in 87-5-814 .

(3) If the account established in 87-5-812 has a balance of unobligated and unexpended funds that exceeds $50 million, then the transfers provided for in subsection (2) may not be made, and the department shall instead make the following transfers:

(a) 80% to the account established in 87-5-813 ; and

(b) 20% to the account established in 87-5-814 .

(4) The amount in subsection (3) must increase each year by an inflation adjustment that is based on any change to the consumer price index from the previous year. The consumer price index to be used for the calculation is the consumer price index for all urban consumers published by the bureau of labor statistics of the United States department of labor.