Mont. Code Ann. § 87-1-502 — MT Code / Title 87 / Chapter 1 / Part 5 / Section 87-1-502
87-1-502 Qualifications, powers, and duties
Status: in_force

87-1-502 . Qualifications, powers, and duties. (1) Wardens must be qualified by their experience, training, and skill in protection, conservation, and propagation of wildlife, game, fur-bearing animals, fish, and game birds and interested in this work. They shall devote all of their time for which they are appointed to their official duties.

(2) They shall enforce the laws of this state and the rules of the department with reference to the protection, preservation, and propagation of game and fur-bearing animals, fish, and game birds.

(3) They shall see that persons who hunt, fish, or take game or fur-bearing animals, game birds, or fish and that those persons who make recreational use of state lands, as defined in 77-1-101 , for hunting and fishing, have the necessary licenses.

(4) They shall assist in the protection, conservation, and propagation of fish, game, fur-bearing animals, and game and nongame birds and assist in the planting, distributing, feeding, and care of fish, game, fur-bearing animals, and game and nongame birds. They shall, when ordered by the department, assist in the destruction of predatory animals, birds, and rodents. They shall perform all other duties prescribed by the department and make a monthly report to the department correctly informing the department of their activities on each day of the preceding month with regard to the enforcement of the fish and game laws, showing where their duties called them and what they did. The reports must contain any pertinent recommendations the wardens may see fit to make.

(5) A warden may not compromise or settle violations of fish and game laws out of court.

(6) A warden has the authority to inspect any and all fish, game and nongame birds, waterfowl, game animals, and fur-bearing animals at reasonable times and at any location other than a residence or dwelling. Upon request therefor, all persons having in their possession any fish, game and nongame birds, waterfowl, game animals, and fur-bearing animals shall exhibit the same and all thereof to the warden for such inspection.

(7) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101 . Authorized officers of the department are granted peace officer status with the power:

(a) of search, seizure, and arrest;

(b) to investigate activities in this state regulated by this title and rules of the department and the commission; and

(c) to report violations to the county attorney of the county in which they occur.
Mont. Code Ann. § 87-1-248 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-248
87-1-248 Qualification of upland game bird enhancement projects
Status: in_force

87-1-248 . Qualification of upland game bird enhancement projects. (1) A project eligible for funding under the upland game bird release program must contain the proper combination of winter cover, food, nesting cover, and other upland game bird habitat components determined necessary to provide for establishment of a viable upland game bird population.

(2) A project eligible for funding under the habitat enhancement program must include assistance to applicants in the establishment of suitable nesting cover, winter cover, or feeding areas through cost sharing, leases, or conservation easements.

(3) A project containing hunting preserves or any commercial hunting enterprise or in which hunting rights are leased or paid for is not eligible for funding.

(4) Preference must be given for project applications submitted by youth organizations, 4-H clubs, sports groups, and other associations of sufficient size to guarantee completion of all project requirements. However, individual landowners may also apply, as long as the land in the project area remains open to public hunting in accordance with reasonable use limitations imposed by the landowner.

(5) (a) Except when a greater amount, up to $200,000, is authorized by the commission, a project may not receive more than $100,000 in funds collected under 87-1-246 .

(b) Total purchases of equipment, land, and buildings under the habitat enhancement program may not exceed $25,000 for each project.

(c) The construction of wells, pipelines, or roads using funds collected under 87-1-246 is only allowed on a cost-share basis, when the applicant pays at least 50% of the funded costs.

(d) Any equipment purchased with funds collected under 87-1-246 remains the property of the department.

(e) A shelterbelt may not be constructed within 400 feet of any residential building or building occupied by livestock.

(f) Funds collected under 87-1-246 may be expended for supplemental feeding programs that are authorized by the department.
Mont. Code Ann. § 87-6-205 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-205
87-6-205 Waste of game animal, game bird, or game fish
Status: in_force

87-6-205 . Waste of game animal, game bird, or game fish. (1) Except as provided in subsection (3), a person responsible for the death of any game animal, game bird, or game fish suitable for food may not purposely or knowingly waste the game by:

(a) detaching or removing only the head, hide, antlers, tusks, or teeth or any or all of these parts from the carcass of a game animal;

(b) transporting, hanging, or storing the carcass in a manner that renders it unfit for human consumption; or

(c) abandoning the carcass of a game animal or any portion of the carcass suitable for food in the field.

(2) A person in possession of a game animal or game animal parts, a game bird, or a game fish suitable for food may not purposely or knowingly waste the game by:

(a) transporting, storing, or hanging the animal, bird, or fish in a manner that renders it unfit for human consumption; or

(b) disposing of or abandoning any portion of the animal, bird, or fish that is suitable for food. For migratory birds, "suitable for food" means the breast meat.

(3) A person responsible for the death of a mountain lion, except as provided in 87-6-106 , may not abandon the head or hide in the field.

(4) A person responsible for the death of a grizzly bear wastes the game if the person abandons the head or hide or any parts required by department or commission regulation for scientific purposes pursuant to 87-3-131 .

(5) For the purposes of this section, the meat of a grizzly bear or a black bear that is found to be infected with trichinosis is not considered to be suitable for food.

(6) A person convicted of a violation of this section may be fined not less than $50 or more than $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both. In addition, the 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 through 87-6-907 .

(7) A person convicted of waste of game by abandonment in the field may be subject to the additional penalties provided in 87-6-901 .

(8) Regulations adopted pursuant to this section for game birds may not be more restrictive than comparable federal regulations, except as provided in subsection (2)(b).
Mont. Code Ann. § 87-2-519 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-519
87-2-519 Class D-4--nonresident hound license
Status: in_force

87-2-519 . Class D-4--nonresident hound license. (1) Except as provided in subsections (5) and (6), in order for a nonresident to use a dog or dogs to aid in the pursuit or harvest of mountain lions or black bears, the nonresident shall first purchase, for a fee of $250, a Class D-4 nonresident hound license. To be eligible, the nonresident must be:

(a) at least 18 years of age or older or turn 18 years of age before or during the season for which the license is issued; and

(b) a holder of a nonresident conservation license and a Class D-1 nonresident mountain lion license or a special nonresident black bear license.

(2) Not more than 80 Class D-4 licenses may be sold in any 1 license year.

(3) A Class D-4 license must be used as authorized by this section and any rule adopted by the department or commission.

(4) A holder of a Class D-4 license may only pursue mountain lions or black bears for the purpose of personally harvesting an animal and may not assist any other person in the pursuit of a lion or bear for harvest.

(5) A nonresident is not required to have a Class D-4 license to use a dog or dogs to aid in the pursuit or harvest of mountain lions or black bears when the nonresident:

(a) is hunting with an outfitter licensed pursuant to Title 37, chapter 47, part 3; or

(b) is a nonresident landowner who owns 640 or more contiguous acres. Nonpaying guests of the nonresident landowner may also hunt and pursue mountain lions or black bears on the landowner's property and any adjacent public land within 2 miles of the landowner's property without a Class D-4 license.

(6) A nonresident outfitter or guide licensed pursuant to Title 37, chapter 47, part 3, is not required to have a Class D-4 license.

(7) After recovering the costs associated with license administration, the department shall use revenue collected from the sale of licenses pursuant to this section for the management, conservation, and monitoring of mountain lions and black bears.
Mont. Code Ann. § 87-1-262 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-262
87-1-262 Montana block management enforcement network -- rulemaking
Status: in_force

87-1-262 . Montana block management enforcement network -- rulemaking. (1) The Montana block management enforcement network is intended to establish a framework for assisting landowners enrolled in the block management program established under 87-1-265 with enforcing compliance by hunters with the landowner's rules and Montana law.

(2) Landowners enrolled in the block management program may opt-in to the Montana block management enforcement network.

(3) By electing to opt-in to the Montana block management enforcement network, a landowner does not waive any right to deny access to any property enrolled in the block management program for cause. Additionally, a landowner may opt-out of the Montana block management enforcement network at any time and may allow an individual who is subject to the restrictions of subsection (4) to access the landowner's property.

(4) Individuals accessing lands enrolled in the Montana block management enforcement network shall adhere to all rules governing access to the block management property. Any conviction based on a violation of those rules or any provision of Titles 45 or 87 by an individual while accessing lands enrolled in the block management program must result in the following:

(a) for a first conviction, the individual shall be prohibited from accessing all lands participating in the Montana block management enforcement network for the remainder of the current license year;

(b) for a second conviction, the individual shall be prohibited from accessing all lands participating in the Montana block management enforcement network for up to 3 consecutive license years; and

(c) for a third conviction, the individual shall be prohibited from accessing all lands participating in the Montana block management enforcement network for life.

(5) The department shall provide educational information to individuals accessing private property under the block management program regarding the requirement to adhere to all rules governing access to those private lands and the consequences for violating those rules on private property enrolled in the Montana block management enforcement network.

(6) The commission may adopt rules to implement the provisions of this section.
Mont. Code Ann. § 87-2-507 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-507
87-2-507 Class D-1--nonresident mountain lion license
Status: in_force

87-2-507 . Class D-1--nonresident mountain lion 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 may, upon payment of a fee of $320, receive a Class D-1 license that entitles a holder who is 12 years of age or older to hunt mountain lion and possess the carcass of the mountain lion as authorized by department rules.
Mont. Code Ann. § 87-1-298 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-298
87-1-298 Supporting bowhunters with disabilities program -- findings -- optional donation -- rulemaking
Status: in_force

87-1-298 . Supporting bowhunters with disabilities program -- findings -- optional donation -- rulemaking. (1) The legislature finds that:

(a) archery hunting is an important part of Montana's harvest heritage that should be accessible to as many individuals as possible;

(b) some hunters require expensive modified archery equipment specifically designed to accommodate their disability;

(c) charitable and nonprofit organizations assist in defraying the costs of modified archery equipment for some hunters;

(d) donations can help organizations provide more modified archery equipment to more hunters with disabilities; and

(e) hunters should have the option of donating $1 or more above the purchase price of certain licenses to assist organizations in being able to provide modified archery equipment to greater numbers of hunters with disabilities.

(2) A person who applies for or purchases a hunting license may donate $1 or more in addition to the price of the license to the supporting bowhunters with disabilities program.

(3) The department shall deposit donations received pursuant to this section into the supporting bowhunters with disabilities account established in 87-1-630 .

(4) The department shall adopt rules to implement the provisions of this section, including:

(a) providing the forms or mechanisms necessary for the supporting bowhunters with disabilities donation option;

(b) regulating the payment of funds from the supporting bowhunters with disabilities account to a nonprofit organization exempt from taxation under 26 U.S.C. 501(c)(3) to acquire modified archery equipment for hunters who have a permit to modify archery equipment; and

(c) establishing guidelines for the donation of modified archery equipment purchased with funds from the supporting bowhunters with disabilities account to Montana hunters who have a permit to modify archery equipment.
Mont. Code Ann. § 87-5-404 — MT Code / Title 87 / Chapter 5 / Part 4 / Section 87-5-404
87-5-404 Flathead Lake bird preserve -- university of Montana-Missoula biological reserve
Status: reserved

87-5-404 . Flathead Lake bird preserve -- university of Montana-Missoula biological reserve. (1) Those islands, two in number, including lot one of block one, containing two and fifty-seven hundredths acres; lot two of block one, containing two and sixty hundredths acres; lot one of block two, containing one and sixty-five hundredths acres, all being in the villa site of islands situated in Flathead Lake in the county of Flathead, Montana, according to the official plat and survey of the land returned to the general land office by the surveyor general, are a perpetual place of refuge for birds of all kinds, and those lands are to be called the "Flathead Lake bird preserve". The lands are reserved for the breeding, propagating, and protection of all species of birds.

(2) It is unlawful for any person to hunt, as defined in 87-2-101 , or destroy or in any way injure any bird on the islands or to interfere with their eggs or nests or to hunt any bird within a distance of 400 yards from the shoreline of the islands.

(3) It is unlawful for any person to hunt, as defined in 87-2-101 , or destroy or in any way injure any bird or animal on the university of Montana-Missoula biological reserve located on the east shore of Flathead Lake or to interfere with their eggs or their young or their nests or to hunt any bird or any animal within 400 yards of the university of Montana-Missoula biological reserve or to discharge any firearms on the reserve or within 400 yards of the reserve.
Mont. Code Ann. § 87-6-311 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-311
87-6-311 Failure to surrender license for violation in participating state
Status: in_force

87-6-311 . Failure to surrender license for violation in participating state. 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 , and who refuses to surrender any current hunting, fishing, or trapping license as required 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. § 87-2-818 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-818
87-2-818 Law enforcement officers and firefighters critically injured in line of duty
Status: in_force

87-2-818 . Law enforcement officers and firefighters critically injured in line of duty. A law enforcement officer, as defined in 7-32-201 , a firefighter, or a volunteer firefighter who was critically injured in the line of duty and is permanently unable to return to work because of the injury is entitled to fish with a conservation license issued by the department during expeditions arranged for the person by a nonprofit organization that uses fishing as part of the rehabilitation of injured or disabled persons.
Mont. Code Ann. § 87-5-401 — MT Code / Title 87 / Chapter 5 / Part 4 / Section 87-5-401
87-5-401 Creation of game preserves and general provisions
Status: in_force

87-5-401 . Creation of game preserves and general provisions. (1) There are game preserves within the state for the better protection of all the game animals and birds within their limits. Except as otherwise provided in this part, no person may, within the limits of a game preserve created by the legislature or by the commission, hunt for, trap, capture, kill, or take game animals, fur-bearing animals, or birds of any kind. Within the limits of a preserve, a person may not carry or discharge firearms, create any unusual disturbance tending to frighten or drive away any of the game animals or birds, or chase them with dogs. The commission may declare any preserve open to the trapping of fur-bearing animals during the regular open season.

(2) Permits to capture animals or birds for the purpose of propagation or for scientific purposes, to trap fur-bearing animals, to destroy mountain lions, wolves, foxes, coyotes, wildcats, lynx, or other predatory animals or birds, or to carry firearms may be issued by the director upon the payment of the fee and in accordance with rules established for the preserve by the commission.
Mont. Code Ann. § 87-4-1007 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1007
87-4-1007 Inspection
Status: in_force

87-4-1007 . Inspection. Upon receipt of an application for a license, the department shall inspect each fur farm and thereafter shall inspect each fur farm and the records required to be kept by such fur farm on a scheduled basis or on such other reasonable basis as may be determined necessary.
Mont. Code Ann. § 87-1-104 — MT Code / Title 87 / Chapter 1 / Part 1 / Section 87-1-104
87-1-104 Payment of cost bill to county
Status: in_force

87-1-104 . Payment of cost bill to county. In a prosecution for the violation of fish and game laws where costs are incurred, a cost bill shall be prepared. The cost bill shall include the cost of board of prisoners and shall be presented to the department of administration. If the costs are allowed, the state treasurer shall pay them out of the fish and game moneys in the state special revenue fund to the treasurer of the county where the costs were incurred.
Mont. Code Ann. § 87-5-505 — MT Code / Title 87 / Chapter 5 / Part 5 / Section 87-5-505
87-5-505 Arbitration of disputes
Status: in_force

87-5-505 . Arbitration of disputes. (1) If the department notifies the applicant that the construction will adversely affect fish or game habitat, the applicant, within 15 days after receiving the recommendations and alternatives of the department, shall notify the department if it refuses to modify its plans in accordance with the recommendations or alternatives. In the event of refusal, the disagreement shall be arbitrated as provided in subsection (2) of this section.

(2) (a) Upon receipt of a notice of refusal, the department shall determine if it wants the disagreement arbitrated. Within 10 days after an affirmative determination and after notice to the applicant, the department shall notify, in writing, all district judges of the judicial district or districts in which the project is located that an arbitration board is needed. Within 5 days of receipt of notification, the judges shall appoint three people from the county or counties in which the project is located to an arbitration committee. Within 10 days after the committee is appointed, it shall meet, hear testimony from all the parties concerned, and issue a decision signed by at least two members of the committee. The decision shall be binding on all parties concerned.

(b) Travel expenses of the arbitrators shall be allowed as in 2-18-501 through 2-18-503 , as amended, and shall be divided equally among the agencies involved.
Mont. Code Ann. § 87-4-424 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-424
87-4-424 Classification -- restrictions on importation of certain species
Status: in_force

87-4-424 . Classification -- restrictions on importation of certain species. (1) In order to properly regulate importation:

(a) the department shall classify cloven-hoofed ungulates that have been determined through scientific investigation to pose a threat to native wildlife or livestock through nonspecific genetic dilution or habitat degradation or competition caused by feral populations of escaped alternative livestock and shall notify the department of livestock of any changes in classification as they occur; and

(b) the department of livestock shall classify cloven-hoofed ungulates that have been determined through scientific investigation to pose a threat to native wildlife or livestock through parasites or disease.

(2) The department of livestock shall restrict from importation for purposes of alternative livestock ranching any species or subspecies and their hybrids with native species that have been classified in accordance with subsection (1) as posing a threat to native wildlife or livestock. Importation permitted by the department of livestock must comply with the requirements of Title 81, chapter 2, part 7. Copies of import permits issued by the department of livestock must be shared with the department within 10 calendar days. Other pertinent documentation relating to importation must be shared as it becomes available.
Mont. Code Ann. § 87-5-507 — MT Code / Title 87 / Chapter 5 / Part 5 / Section 87-5-507
87-5-507 Irrigation projects excepted
Status: in_force

87-5-507 . Irrigation projects excepted. This part shall not apply to any irrigation district project or any other irrigation system.
Mont. Code Ann. § 87-6-420 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-420
87-6-420 Prohibition on carcass imports
Status: in_force

87-6-420 . Prohibition on carcass imports. (1) Except as provided in subsection (2), it is unlawful to transport into this state the whole carcass or certain carcass parts of white-tailed deer, mule deer, moose, or elk from states or provinces with documented occurrences of chronic wasting disease, as determined by the fish and wildlife commission, in wild populations or on private game farms.

(2) The following carcass parts may be transported into this state from the places described in subsection (1):

(a) meat that is cut and wrapped or meat that is boned out;

(b) quarters or other portions of meat with no part of the spinal column or head attached;

(c) hides with no heads attached;

(d) skull plates or antlers with no meat or tissue attached;

(e) skulls that have been boiled and cleaned to remove flesh and tissue;

(f) upper canine teeth; and

(g) head, partial body, or whole body mounts prepared by a taxidermist.

(3) (a) Except as provided in subsection (3)(b), a person convicted of a violation of this section shall be fined up to $500 or, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by the 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) Through January 31, 2019, a person who violates this section for the first time must be issued a warning and may not be fined. A person who commits a subsequent violation prior to January 31, 2019, is subject to the penalties provided in subsection (3)(a).
Mont. Code Ann. § 87-3-222 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-222
87-3-222 When certification unnecessary
Status: in_force

87-3-222 . When certification unnecessary. (1) Nothing in 87-3-221 through 87-3-224 or 87-6-219 (1)(b) may restrict the importation and transportation of dead salmonid fish or eggs when the fish or eggs have been processed or prepared in a manner that kills those fish pathogens specified by the department as posing a threat to fisheries.

(2) Dead salmonid fish or eggs transported into Montana for processing or caught wild are exempt from the requirement for certification. However, it is unlawful to 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.
Mont. Code Ann. § 87-1-306 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-306
87-1-306 Designation of certain river stretches as no-wake waters -- personal watercraft use prohibited
Status: in_force

87-1-306 . Designation of certain river stretches as no-wake waters -- personal watercraft use prohibited. (1) In the interest of public health, safety, and welfare and protection of property and public resources, the use of personal watercraft is prohibited on the headwaters of the Missouri River downstream to its confluence with Prewett Creek, except in Missouri River reservoirs, and including all tributaries but not their reservoirs.

(2) The waters from Hauser dam downstream to Beaver Creek are limited to a controlled no-wake speed.

(3) This section does not apply to the use of the designated waters for search and rescue, official patrol, or scientific purposes.

(4) This section may not be construed to limit the authority of the commission or department to enact by administrative rule or to enforce any other restrictions on any surface waters in the interests of public health, safety, or welfare, the protection of property or public resources, or the resolution of conflicts between users of motorized and nonmotorized boats.
Mont. Code Ann. § 87-1-405 — MT Code / Title 87 / Chapter 1 / Part 4 / Section 87-1-405
87-1-405 Publication of laws
Status: in_force

87-1-405 . Publication of laws. As soon as practicable after the adjournment of each session of the legislature, the director in cooperation with the attorney general shall make a compilation of the laws relating to fish, game, game birds, and animals in force at the date of the compilation and properly index them. Copies of the compilation, sufficient in number for the purposes of this section, shall be printed in pamphlet form, pocket size. The director shall distribute to justices of the peace, wardens, and other officers and persons empowered to issue licenses for hunting, fishing, and trapping a supply of the compilation sufficient to permit one copy to be given anyone desiring a copy. The expense incurred in printing the laws shall be paid out of fish and game moneys in the state special revenue fund.
Mont. Code Ann. § 87-2-510 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-510
87-2-510 Class B-11--nonresident deer combination license
Status: in_force

87-2-510 . (Temporary) Class B-11--nonresident deer combination license. (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 a fee of $577 and subject to the limitations prescribed by law and department regulation, apply to the fish, wildlife, and parks office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles a holder who is 12 years of age or older to all the privileges of the Class B, Class B-1, and Class B-7 licenses.

(b) Of the fee paid for the purchase of a Class B-11 nonresident deer combination license pursuant to subsection (1)(a), 28.5% must be deposited in the account established in 87-1-290 .

(c) The cost of the Class B-11 nonresident deer combination license must be adjusted annually based on any change to the consumer price index from the previous year. The consumer price index to be used for calculations is the consumer price index for all urban consumers (CPI-U). The adjusted cost must be rounded down to the nearest even-numbered amount.

(2) Not more than 4,600 unreserved Class B-11 licenses may be sold in any 1 license year.
Mont. Code Ann. § 87-4-908 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-908
87-4-908 Inspection
Status: in_force

87-4-908 . Inspection. Upon receipt of an application, the department shall inspect the game bird farm facilities and shall thereafter inspect the facilities and the records required to be kept by such farm on a scheduled basis or on such other reasonable basis as may be determined necessary.
Mont. Code Ann. § 87-4-602 — MT Code / Title 87 / Chapter 4 / Part 6 / Section 87-4-602
87-4-602 Seining licenses
Status: in_force

87-4-602 . Seining licenses. The director shall keep a record of all licenses issued for the use of a net for the taking of fish, showing the name of the applicant, the date of issuance, the waters that the netting is to be used in, and the date of revocation if the license is revoked. The director shall pay all fees received for those licenses into the state treasury to the credit of the fish and game account in the state special revenue fund. A license may not be issued to a person whose license has been revoked for cause.
Mont. Code Ann. § 87-4-201 — MT Code / Title 87 / Chapter 4 / Part 2 / Section 87-4-201
87-4-201 Regulation of taxidermists
Status: in_force

87-4-201 . (Temporary) Regulation of taxidermists. (1) As used in this section, "taxidermist" means a person who conducts a business for the purpose of mounting, preserving, or preparing all or part of the dead bodies of any wildlife.

(2) Before conducting the business of a taxidermist, a taxidermist shall obtain from the department a taxidermist's license and pay an annual license fee of $50.

(3) A taxidermist shall keep a written record of all the articles of wildlife in the taxidermist's possession or control, including the following information:

(a) the kind and number of each article of wildlife;

(b) the name and residence of the owner of the article of wildlife; and

(c) all the articles of wildlife shipped and to whom and where shipped.

(4) The taxidermist shall keep the written record required under subsection (3) for as long as the articles of wildlife remain in the possession of the taxidermist or at least 5 years, whichever is longer. These records must be open to inspection by a warden at any reasonable time.

(5) A person who violates this section is subject to the penalties provided in 87-6-703 .
Mont. Code Ann. § 87-4-702 — MT Code / Title 87 / Chapter 4 / Part 7 / Section 87-4-702
87-4-702 Possession of game by merchants, hotelkeepers, or restaurant keepers
Status: in_force

87-4-702 . Possession of game by merchants, hotelkeepers, or restaurant keepers. (1) Except as provided in subsection (2), it is lawful for any merchant, hotelkeeper, or restaurant keeper to have in the person's possession, offer for sale, or sell game birds and game if the game or game birds are not killed in Montana.

(2) A merchant, hotelkeeper, or restaurant keeper may not offer for sale or sell any grizzly bear or any head, hide, teeth, claws, or other part of a grizzly bear.
Mont. Code Ann. § 87-4-916 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-916
87-4-916 Revocation of license
Status: in_force

87-4-916 . Revocation of license. (1) A game bird farm license may be revoked for failure to operate the game bird farm according to provisions of this part or rules adopted under this part.

(2) Upon discovery of a violation, the department shall give notice of such violation to the licensee, with a statement of a specific time by which the violation must be corrected.

(3) Upon failure of the licensee to correct the violation, the department may institute revocation proceedings. If the department institutes revocation proceedings, it shall provide reasonable notice and opportunity for a hearing to the licensee. After hearing, upon proof of violation, the department may revoke the game bird farm license.
Mont. Code Ann. § 87-2-125 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-125
87-2-125 Eligibility standards for licenses or permits obtained by telephone, mail, or electronic means -- rulemaking
Status: in_force

87-2-125 . Eligibility standards for licenses or permits obtained by telephone, mail, or electronic means -- rulemaking. The department may adopt rules that prescribe requirements necessary to determine that an applicant meets the eligibility requirements provided in this part when the applicant obtains a license or permit by telephone, by mail, on the internet, or by other electronic means.
Mont. Code Ann. § 87-5-132 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-132
87-5-132 Use of radio-tracking collars for monitoring wolf packs
Status: in_force

87-5-132 . Use of radio-tracking collars for monitoring wolf packs. (1) As part of a wolf management plan approved by the department, a radio-tracking collar or a collar that uses global positioning system technology must be attached to at least one wolf in each wolf pack that is active near livestock or near a population center in areas where depredations are chronic or likely.

(2) The department may expend any state and federal funds received for wolf management purposes and the portion of money allocated from the wolf management account established in 87-1-623 to fulfill the requirements of this section.

(3) The department shall collaborate and cooperate and may enter into agreements with other state and federal agencies, including the United States department of agriculture wildlife services, to fulfill the requirements of this section.
Mont. Code Ann. § 87-2-713 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-713
87-2-713 Terminated
Status: in_force

87-2-713 . Terminated. Sec. 3, Ch. 109, L. 1989.
Mont. Code Ann. § 87-6-214 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-214
87-6-214 Unlawful contest or prize
Status: in_force

87-6-214 . Unlawful contest or prize. (1) (a) Except as provided in subsections (1)(b) through (1)(d), a person, firm, or club may not offer or give a prize, gift, or anything of value in connection with or as a bag limit prize for the taking, capturing, killing, or in any manner acquiring any game, fowl, or fur-bearing animal or any bird or animal protected by law.

(b) A prize may be awarded for any one game bird or fur-bearing animal on the basis of size, quality, or rarity.

(c) A person may conduct or sponsor a contest for which the monetary prize, certificate, or award does not exceed $50 for a person who kills a game animal possessing the largest antlers or horns, carrying the greatest weight, or having the longest body or any similar contest based on the size or weight of a game animal or part of a game animal. The monetary restriction provided in this subsection (1)(c) does not apply to recognition given by a nationally established and recognized Boone and Crockett trophy institute.

(d) Reimbursements for receipts of costs incurred related to the hunting or trapping of wolves may be given to persons who lawfully harvest wolves pursuant to Title 87, chapters 1 and 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, on 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. § 87-3-221 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-221
87-3-221 Importation of salmonid fish or eggs unlawful -- exception -- certification -- permit
Status: in_force

87-3-221 . Importation of salmonid fish or eggs unlawful -- exception -- certification -- permit. (1) It is unlawful to bring live or dead salmonid fish or eggs into the state of Montana for any purpose unless the importations are shipped direct from the source to destination and a written certification that the source is free of all fish pathogens specified by the department as posing a threat to existing fisheries accompanies the shipment. Certification must be made by a fish pathologist approved by the director. Certification of the source may be by inspection conducted annually or at other times that the director may order.

(2) In addition to the certification required in subsection (1), all importations of live salmonid fish or eggs must be accompanied by a permit issued by the department. The department shall issue an import permit upon application to the department showing that the proposed importations do not present a substantial threat to the health of state fisheries. The department may condition the permit as necessary to protect fisheries from the introduction and spread of pathogens. Import permits apply to all importations from specified and certified species and sources by a permittee until January 31 of the year succeeding the year of issuance, when the permit expires. However, a separate permit is required for importations by a permittee for species or from sources unspecified in the permittee's other permit or permits.
Mont. Code Ann. § 87-6-303 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-303
87-6-303 Nonresident license or permit offenses
Status: in_force

87-6-303 . Nonresident license or permit offenses. (1) A person who is not a resident may not:

(a) apply for or purchase for a nonresident's use the following resident licenses and permits:

(i) conservation license;

(ii) hunting license or permit; or

(iii) fishing license or permit;

(b) affirm to or make a false statement to obtain a resident license.

(2) A person convicted of a violation of this section shall be fined not less than the greater of $100 or twice the cost of the nonresident license that authorized the sought-after privilege or more than $1,000 or be imprisoned in the county jail 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 not less than 18 months.
Mont. Code Ann. § 87-1-295 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-295
87-1-295 Public access land agreement -- terms -- application fee
Status: in_force

87-1-295 . Public access land agreement -- terms -- application fee. (1) A public access land agreement may be granted only to a landowner who is providing access across the landowner's land to public land that is leased by the landowner or to public land for which there is no leaseholder. An agreement may not include land for which the landowner is also compensated pursuant to 76-17-102 or 87-1-294 .

(2) The department may negotiate the terms of a proposed public access land agreement with the landowner. Negotiable terms include:

(a) the amount of compensation, not to exceed $15,000 annually, and the duration of the agreement;

(b) improvements to the land provided by the department that may facilitate public access;

(c) the location of the access and the transportation mode by which the public may use the access;

(d) time periods when the access may and may not be used; and

(e) penalties for trespassing on private land not covered by the agreement.

(3) The private land/public wildlife advisory committee appointed pursuant to 87-1-269 shall review proposed public access land agreements and make recommendations to the department. The department shall consider the recommendations when issuing agreements.

(4) The department may revoke a public access land agreement for a violation of the terms of the agreement.

(5) The restriction on liability of a landowner, agent, or tenant that is provided under 70-16-302 (1) applies to a landowner who holds a public access land agreement.

(6) The department may adopt rules to implement the provisions of this section.
Mont. Code Ann. § 87-6-216 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-216
87-6-216 Unlawful supplemental feeding -- exemption
Status: in_force

87-6-216 . Unlawful supplemental feeding -- exemption. (1) Except as provided in subsection (2), a person may not provide supplemental feed attractants to game animals or wild turkeys by:

(a) purposely or knowingly attracting any cloven-hoofed ungulates, bears, mountain lions, or wild turkeys with supplemental feed attractants;

(b) after having received a previous warning, negligently failing to properly store supplemental feed attractants and allowing any cloven-hoofed ungulates, bears, mountain lions, or wild turkeys access to the supplemental feed attractants; or

(c) purposely or knowingly providing supplemental feed attractants in a manner that results in an artificial concentration of game animals or wild turkeys that may potentially contribute to the transmission of disease or that constitutes a threat to public safety.

(2) A person may provide supplemental feed to wild turkeys unless the department finds that supplemental feed harms the local population of wild turkeys or creates a public nuisance as defined in 45-8-111 .

(3) A person is not subject to civil or criminal liability under this section if the person is engaged in:

(a) the normal feeding of livestock;

(b) a normal agricultural practice;

(c) cultivation of a lawn or garden;

(d) the commercial processing of garbage; or

(e) recreational feeding of birds unless, after having received a previous warning by the department, the person continues to feed birds in a manner that attracts cloven-hoofed ungulates, bears, or wild turkeys and that may contribute to the transmission of disease or constitute a threat to public safety.

(4) This section does not apply to supplemental feeding activities conducted by the department for disease control purposes.

(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, 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. § 87-5-101 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-101
87-5-101 Short title
Status: in_force

87-5-101 . Short title. This part shall be known and may be cited as "The Nongame and Endangered Species Conservation Act".
Mont. Code Ann. § 87-6-401 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-401
87-6-401 Unlawful use of equipment while hunting
Status: in_force

87-6-401 . Unlawful use of equipment while hunting. (1) A person may not:

(a) hunt or attempt to hunt any game animal or game bird by the aid or with the use of any snare, except as allowed in 87-3-127 and 87-3-128 , set gun, projected artificial light, trap, salt lick, or bait;

(b) use any recorded or electrically amplified bird or animal calls or sounds or recorded or electrically amplified imitations of bird or animal calls or sounds to hunt wildlife except for predatory animals, wolves, and those birds not protected by state or federal law;

(c) while hunting, use any device or mechanism devised to silence, muffle, or minimize the report of any firearm, whether the device or mechanism is operated from or attached to any firearm. This subsection (1)(c) does not prohibit the use of a device or mechanism registered with the bureau of alcohol, tobacco, firearms and explosives to silence, muffle, or minimize the report of a firearm when hunting wildlife.

(d) while hunting, use any electronic motion-tracking device or mechanism, as defined by commission rule, that is designed to track the motion of a game animal and relay information on the animal's movement to the hunter. A radio-tracking collar attached to a dog that is used by a hunter engaged in lawful hunting activities is not considered a motion-tracking device or mechanism for purposes of this subsection (1)(d).

(e) while hunting, use archery equipment that has been prohibited by rule of the commission;

(f) use a shotgun to hunt deer or elk except with weapon type and loads as specified by the department;

(g) use a rifle to hunt or shoot upland game birds unless the use of rifles is permitted by the department. This does not prohibit the shooting of wild waterfowl from blinds over decoys with a shotgun only, not larger than a number 10 gauge, fired from the shoulder.

(h) use a rifle to hunt or shoot wild turkey during the spring wild turkey season; or

(i) during the special muzzleloader heritage hunting season established in 87-1-304 , use a muzzleloading rifle that requires insertion of a cap or primer into the open breech of the barrel, is capable of being loaded from the breech, or is mounted with an optical magnification device. Use of preprepared paper or metallic cartridges, sabots, gas checks, or other similar power and range-enhancing manufactured loads that enclose the projectile from the rifling or bore of the firearm is also prohibited.

(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.

(3) A person convicted of hunting while using projected artificial light as described in subsection (1)(a) may be subject to the additional penalties provided in 87-6-901 through 87-6-903 .

(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. § 87-6-107 — MT Code / Title 87 / Chapter 6 / Part 1 / Section 87-6-107
87-6-107 Unlawful harassment of game animals and game birds with vehicle or device
Status: in_force

87-6-107 . Unlawful harassment of game animals and game birds with vehicle or device. (1) A person may not concentrate, drive, rally, stir up, run, molest, flush, herd, chase, harass, or impede the movement of or attempt to concentrate, drive, rally, stir up, run, molest, flush, herd, chase, harass, or impede the movement of a game animal or game bird from or with the use or aid of a self-propelled, motor-driven, or drawn vehicle or device, including aircraft. This section does not apply to landowners and their authorized agents engaged in the immediate protection of that landowner's property.

(2) 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 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 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.

(b) A person convicted of or who forfeits bond or bail after being charged with a second or subsequent violation of this section within 5 years shall be fined not less than $500 or more than $1,000 or be imprisoned 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.
Mont. Code Ann. § 87-5-501 — MT Code / Title 87 / Chapter 5 / Part 5 / Section 87-5-501
87-5-501 State policy
Status: in_force

87-5-501 . State policy. It is hereby declared to be the policy of the state of Montana that its fish and wildlife resources and particularly the fishing waters within the state are to be protected and preserved to the end that they be available for all time, without change, in their natural existing state except as may be necessary and appropriate after due consideration of all factors involved.
Mont. Code Ann. § 87-3-203 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-203
87-3-203 Restrictions on use of fish as bait
Status: in_force

87-3-203 . Restrictions on use of fish as bait. The department may prohibit the use of small fish as bait for catching fish in such waters as the department designates. It may promulgate such other rules as are necessary to insure an adequate supply of fish in such waters and may regulate fishing from boats or other floating devices and the use of fishing lures or baits in all waters of the state.
Mont. Code Ann. § 87-2-814 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-814
87-2-814 Auction or lottery of grizzly bear license
Status: in_force

87-2-814 . (Effective on occurrence of contingency) Auction or lottery of grizzly bear license. (1) The commission may issue one grizzly bear 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 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 management of grizzly bears.
Mont. Code Ann. § 87-4-406 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-406
87-4-406 Definitions
Status: in_force

87-4-406 . Definitions. As used in this part, the following definitions apply:

(1) "Alternative livestock" means a privately owned caribou, white-tailed deer, mule deer, elk, moose, antelope, mountain sheep, or mountain goat indigenous to the state of Montana, a privately owned reindeer, or any other cloven-hoofed ungulate as classified by the department. Black bear and mountain lion must be regulated pursuant to Title 87, chapter 4, part 8.

(2) "Alternative livestock ranch" means the enclosed land area upon which alternative livestock may be kept for purposes of obtaining, rearing in captivity, keeping, or selling alternative livestock or parts of alternative livestock, as authorized under this part.

(3) "Cloven-hoofed ungulate" means an animal of the order Artiodactyla, except a member of the families suidae, camelidae, or hippopotamidae. The term does not include domestic pigs, domestic cows, domestic yaks, domestic sheep, domestic goats that are not naturally occurring in the wild in their country of origin, or bison.

(4) "Department" means the department of fish, wildlife, and parks.

(5) "Facilities" means perimeter fences and other enclosures that provide for the confinement, handling, and quarantine of alternative livestock.

(6) "Game animals" means game animals, as defined in 87-2-101 , that are not the lawful property of any private person.

(7) "Person" means an individual, firm, corporation, association, or partnership.
Mont. Code Ann. § 87-6-704 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-704
87-6-704 Fur dealer offenses
Status: in_force

87-6-704 . Fur dealer offenses. A person convicted of a violation of 87-4-302 or 87-4-303 related to the licensing and recordkeeping of a fur dealer 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 the 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. § 87-1-206 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-206
87-1-206 Bounty claims for wild animals
Status: in_force

87-1-206 . Bounty claims for wild animals. (1) The department shall pay bounty claims for wild animals that have been filed with and approved by the board of livestock. The department shall pay out of the state fish and game funds, other than those funds derived from license fees paid by hunters and anglers, bounties on predatory wild animals as the bounty claims are presented, not exceeding $7,500 for each calendar year.

(2) The board of livestock shall, after approving the bounty claim, deliver the claim to the department for rejection or approval. If the claim or certificate is rejected, it must be returned by the department to the board of livestock. If approved, it must be delivered to the department of administration for allowance or disallowance. This section does not take from the department the exclusive power to administer the fish and game money at its discretion.

(3) If the department of administration allows the claim, the department shall draw a warrant on the state fish and game money in the state special revenue fund for the amount approved in favor of the claimant in the order in which the claim is approved.
Mont. Code Ann. § 87-5-508 — MT Code / Title 87 / Chapter 5 / Part 5 / Section 87-5-508
87-5-508 Federal actions injuring fish and wildlife
Status: in_force

87-5-508 . Federal actions injuring fish and wildlife. The department shall observe acts and omissions on the part of the government of the United States and its agencies within the state of Montana which do, will, or might affect adversely the fish and wildlife resources, including but not limited to the fishing streams within the state, and upon receiving such information, the department shall without delay send formal notification in writing, by certified mail, to the appropriate federal agency or agencies involved, setting forth in detail the appropriate objections of the state of Montana to the acts and omissions aforesaid. The department shall keep complete files and records, available for public inspection, of all matters and things done and all communications and correspondence sent and received pursuant to this section.
Mont. Code Ann. § 87-2-204 — MT Code / Title 87 / Chapter 2 / Part 2 / Section 87-2-204
87-2-204 Disposition of conservation license fees
Status: in_force

87-2-204 . Disposition of conservation license fees. The fees from the conservation license must be delivered to the state treasurer and deposited by the treasurer in the state special revenue fund to the credit of the department in accordance with the provisions of 87-1-601 .
Mont. Code Ann. § 87-2-1001 — MT Code / Title 87 / Chapter 2 / Part 10 / Section 87-2-1001
87-2-1001 Reciprocal fishing privileges of licensees of bordering states
Status: in_force

87-2-1001 . Reciprocal fishing privileges of licensees of bordering states. (1) Any person who is properly licensed to fish in a state that borders Montana and who complies with Montana fish and game laws and regulations may fish in any part of a lake, reservoir, pond, river, stream, or body of water in Montana that lies within or partly within 10 miles of the boundaries of Montana when the water is declared to be open to fishing by the department if the bordering state grants the same or similar privileges in any lakes, reservoirs, ponds, rivers, streams, or bodies of water designated in a reciprocal agreement as authorized in subsection (2) within its boundaries to holders of valid Montana fishing licenses and if the bordering state enters into a reciprocal agreement with Montana setting forth terms as provided by this part.

(2) The department is authorized to enter into reciprocal agreements with corresponding state officials of adjoining states for purposes of providing reciprocal fishing privileges upon any body or bodies of water as described in subsection (1). A reciprocal agreement may include provisions by which each state shall honor the license of the other state only when a valid reciprocal license is purchased from the honoring state, the charge for the reciprocal license being set by mutual agreement of the states.
Mont. Code Ann. § 87-1-287 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-287
87-1-287 Placement of warning sign in water legally accessible to public -- liability limitation -- role of department
Status: in_force

87-1-287 . Placement of warning sign in water legally accessible to public -- liability limitation -- role of department. (1) Unless acting with gross negligence, an individual or a nonprofit organization is not liable for civil damages resulting from the individual's or organization's placement of a sign or marker warning of a hazard in water legally accessible to the public as long as:

(a) the sign or marker is a white plastic milk bottle attached by a cord to the hazard or is a sign or marker approved by the department;

(b) the sign or marker contains or bears the name and telephone number of the individual or nonprofit organization that placed it;

(c) the individual or nonprofit organization maintains or removes the sign or marker when dictated by changing water conditions or seasonal changes; and

(d) the individual or nonprofit organization places the sign or marker only for the purpose of identifying hazards.

(2) (a) The provisions of this section are not intended to prohibit the placement of nonhazard signs or markers for waterskiing, diving, safe channels, or swimming areas or for posting speed limits.

(b) The department shall inform members of the public involved in the recreational use of the waters of this state of the placement, use, and significance of signs or markers warning of hazards in the water that are placed by individuals or nonprofit organizations pursuant to the provisions of this section.

(3) The provisions of this section apply only to the waters of this state that have not been determined to be navigable for purposes of federal jurisdiction over navigation aids.
Mont. Code Ann. § 87-6-903 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-903
87-6-903 Additional penalty for use of artificial light or scope
Status: in_force

87-6-903 . Additional penalty for use of artificial light or scope. (1) If a person is convicted of illegally taking an animal described in 87-6-906 or 87-6-907 through the use of projected artificial light, nightscopes, or infrared scopes, the person is prohibited from fishing or hunting in the state for an additional 5 years following the ending date of the original prohibition period. In addition, the person, upon conviction or forfeiture of bond or bail, shall successfully complete, at the person's own expense, a department-sponsored hunter education course.

(2) A person convicted of taking an animal while using projected artificial light as described in this section may be subject to the additional penalties provided in 87-6-901 and 87-6-902 .
Mont. Code Ann. § 87-4-501 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-501
87-4-501 Authorization for licenses, permits, rules, and regulations
Status: in_force

87-4-501 . Authorization for licenses, permits, rules, and regulations. The department is hereby authorized and empowered to issue operating licenses or permits for shooting preserves, which may be privately owned and operated, and to make such rules and regulations as may be necessary and proper in carrying out the purposes of this part.
Mont. Code Ann. § 87-2-722 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-722
87-2-722 Auction of mountain sheep license
Status: in_force

87-2-722 . Auction of mountain sheep license. (1) The commission may issue one male mountain sheep license each year through a competitive auction. The commission shall promulgate rules for the use of the license and conduct of the auction. A wildlife conservation organization involved in the conservation of mountain sheep may be authorized by the commission to conduct the license auction, in which case the authorized organization may retain proceeds of the sale, not to exceed 10%, to cover reasonable auction expenses.

(2) All proceeds remaining from the auction, whether conducted by the commission or as otherwise authorized by the commission, must be used by the department for the substantial benefit of mountain sheep. The proceeds from the auction must be used in addition to any other funds the department uses for the management of mountain sheep. The department shall report the use or investment of auction proceeds to the office of budget and program planning as a part of the information required by 17-7-111 .
Mont. Code Ann. § 87-6-218 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-218
87-6-218 Checking station offenses
Status: in_force

87-6-218 . Checking station offenses. (1) A person, upon the request of the director, the director's authorized representative, or any game warden, shall produce for inspection any current fish and game license or statement of possession pursuant to 87-3-310 that has been issued to the person and any game animals, birds, fish, or fur-bearing animals in the person's possession. Hunters or anglers entering or leaving areas for which checking stations have been established shall stop and report if a checking station is on the hunter's or angler's route of travel to or from the hunting or fishing area and personnel are on duty.

(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. § 87-1-263 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-263
87-1-263 Veterans' preference for reserving certain block management areas on Veterans' Day
Status: in_force

87-1-263 . Veterans' preference for reserving certain block management areas on Veterans' Day. (1) Subject to the provisions of subsections (2) and (3), on Veterans' Day, veterans may be given preference to use block management areas that require a reservation.

(2) A reservation by a veteran to use a block management area pursuant to subsection (1) must be made at least 1 week in advance of Veterans' Day and in accordance with the existing reservation system for that area.

(3) A person who makes a reservation pursuant to this section shall carry proof of the person's veteran status, such as a DD form 214, U.S. department of veterans affairs identification card, or a driver's license indicating the person's veteran status, while hunting on the block management area for which the reservation was made. The person also shall make proof of the person's veteran status available for review by an employee or authorized officer of the department upon request.

(4) The department shall conduct random verification of the veteran status of persons making reservations pursuant to this section.

(5) The department may adopt rules to implement the provisions of this section.
Mont. Code Ann. § 87-2-505 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-505
87-2-505 Class B-10--nonresident big game combination license
Status: in_force

87-2-505 . (Temporary) Class B-10--nonresident big game combination license. (1) 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 fee of $981 and subject to the limitations prescribed by law and department regulation, apply to the fish, wildlife, and parks office, Helena, Montana, to purchase a B-10 nonresident big game combination license that entitles a holder who is 12 years of age or older to all the privileges of Class B, Class B-1, and Class B-7 licenses and an elk tag.

(2) Not more than 17,000 Class B-10 licenses may be sold in any 1 license year.

(3) Of the fee paid for the purchase of a Class B-10 nonresident big game combination license pursuant to subsection (1), 28.5% must be deposited in the account established in 87-1-290 .

(4) The cost of the Class B-10 nonresident big game combination license must be adjusted annually based on any change to the consumer price index from the previous year. The consumer price index to be used for calculations is the consumer price index for all urban consumers (CPI-U). The adjusted cost must be rounded down to the nearest even-numbered amount.
Mont. Code Ann. § 87-1-708 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-708
87-1-708 Assent to Pittman-Robertson Act -- authority of department
Status: in_force

87-1-708 . Assent to Pittman-Robertson Act -- authority of department. (1) The congress of the United States having passed an act which was approved on September 2, 1937, and which is known as 50 Federal Statutes 917 of the acts of congress, wherein it is, among other things, provided that "no money apportioned under this chapter to any state shall be expended therein until its legislature or other state agency authorized by the state constitution to make laws governing the conservation of wildlife shall have assented to the provisions of this chapter and shall have passed laws for the conservation of wildlife, which shall include a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of said department", and since the moneys referred to in the act of congress are collected in part from the hunters of this state and will not be returned to the state of Montana except the state of Montana does assent to the act, now, therefore, the state of Montana does assent to the provisions of said act of congress which is commonly known as the Pittman-Robertson bill, but such assent is with the express reservations enumerated in this section, 87-1-709 , and 87-1-710 . The state of Montana does not by the passage of these sections or by the consent herein given surrender to the congress of the United States or any department of the government of the United States any of those rights which are retained by the people of the state of Montana or the state of Montana and which are guaranteed to them by the 9th and 10th amendments to the constitution of the United States, nor shall this section, 87-1-709 , and 87-1-710 in any manner or at all be construed or held to be the state of Montana's consent to amending the constitution of the United States in any manner or at all relative to its rights. Provided, however, that nothing herein shall be construed as giving consent to the purchase or acquisition of lands by the United States or by any of its departments or officers for establishing migratory bird sanctuaries under the Migratory Bird Conservation Act of the United States or otherwise and that the title to all lands acquired under the provisions of this section, 87-1-709 , and 87-1-710 for wildlife projects and projects constructed thereon shall be and remain in the state of Montana.

(2) The department is hereby authorized to perform such acts as may be necessary to the establishment and conduct of wildlife projects as defined and authorized by said act of congress, provided every project initiated under the provisions of this section, 87-1-709 , and 87-1-710 shall be under the supervision of the department, and no laws or rules or regulations shall be passed, made, or established governing the game or fur-bearing animals or the taking or capturing of the same in any such projects except they be in conformity with the laws of the state of Montana or rules promulgated by the department. The title to all lands acquired or projects created from lands purchased or acquired by deed or gift shall vest in, be, and 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 projects created or established shall wholly and permanently belong to the state of Montana, except as provided in 87-1-709 . Nothing contained herein shall prevent the department from entering into cooperative agreements on federally owned lands as provided for herein.
Mont. Code Ann. § 87-2-806 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-806
87-2-806 Taking fish or game for scientific purposes
Status: in_force

87-2-806 . Taking fish or game for scientific purposes. (1) An accredited representative of an accredited school, college, university, or other institution of learning or of any governmental agency or an individual who is investigating a scientific subject for which collection is necessary, may take, kill, capture, and possess for that purpose any birds, fish, or animals protected by Montana law or department or commission rule if a permit to collect is authorized by the department. Under the provisions of this section, a permittee may take, kill, and capture protected or unprotected birds, fish, or animals in any way that is approved by the department, except by the use of explosives. A permittee may not take, kill, or capture more birds, fish, or animals than are necessary for the investigation. A collection permit may not be given for a species for which a taking is prohibited by statute or rule.

(2) A person who desires to engage in the scientific investigation shall apply to the department for a permit. The department may require the applicant to submit a plan of operations that includes the purpose for the collection, collection methodology to be employed, and the qualifications of the person who will be doing the collecting. The department may set qualifications for persons to whom permits are issued and may place special authorizations or special requirements and limitations on any permit. If the department is satisfied of the good faith and qualifications of the applicant and that the collecting is necessary for a valid purpose, the department:

(a) may issue a permit that must place a time limit on the collections and may place a restriction on the number of birds, fish, or animals to be taken; and

(b) shall require a report of the numbers and species of animals taken by collection areas.

(3) The department may deny a permit if:

(a) the applicant is not qualified to make the scientific investigation;

(b) the proposed collecting is not necessary for the proposed scientific investigation;

(c) the method of collecting is not appropriate;

(d) the proposed collecting may threaten the viability of the species; or

(e) there is no valid reason or need for the proposed scientific investigation.

(4) By December 31 of each year, a permittee shall submit a report to the department that lists the species and numbers of individuals of the species taken and locations from which collections were taken. A permittee who fails to file a required report may not be issued another permit.

(5) The permittee shall pay $50 for the permit, except that a permittee who is a representative of an accredited school, college, university, or other institution of learning or of any governmental agency is exempt from payment of the fee.

(6) The permittee may not take, have, or capture any other or greater number of birds, fish, or animals than are allowed in the permit.

(7) A representative of an accredited school, college, university, or other institution of learning or an individual permittee who may have various students or associates assisting throughout the year may apply to have a permit issued that includes the individual and the students or associates. The department shall approve the qualifications of a student or an associate and the level of supervision required by the primary permittee. The students or associates, when carrying a copy of the permit, have the same authorizations and restrictions as the primary applicant. The primary applicant shall keep a record of all students or associates listed on the permit and of the dates when each student or associate conducts a collection under the permit. The primary applicant is responsible for the students' or associates' use of the permit or copies of the permit.
Mont. Code Ann. § 87-6-402 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-402
87-6-402 Unlawful hunting within city or town
Status: in_force

87-6-402 . Unlawful hunting within city or town. (1) A person may not hunt or attempt to hunt any game animal within the boundaries of any incorporated or unincorporated city or town of this state except as allowed under a plan developed by a city or town and approved by the department pursuant to 7-3-1105 , 7-3-1222 , or 7-31-4110 .

(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.

(3) 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. § 87-6-701 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-701
87-6-701 Failure to report or tattoo
Status: in_force

87-6-701 . Failure to report or tattoo. (1) Any bear, wolf, tiger, mountain lion, or coyote that is captured alive to be released later or that is held in captivity for any purpose must be reported to the department within 3 days of the capture or commencement of captivity.

(2) Each animal reported as required in subsection (1) must be permanently tattooed or otherwise permanently identified in a manner that will provide positive individual identification of the animal. No tattoo is required if the animal is subject to a permanent, individual identification process by another state or federal agency.

(3) Any person holding a bear, wolf, tiger, mountain lion, or coyote in captivity shall immediately report to the department any death, escape, release, transfer of custody, or other disposition of the animal.

(4) 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. § 87-4-306 — MT Code / Title 87 / Chapter 4 / Part 3 / Section 87-4-306
87-4-306 Violations
Status: in_force

87-4-306 . Violations. A person, firm, company, or corporation may not violate any of the provisions of this part. A person convicted of a violation is subject to the penalties provided in 87-6-704 .
Mont. Code Ann. § 87-4-522 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-522
87-4-522 Game hunted in preserve
Status: in_force

87-4-522 . Game hunted in preserve. (1) Game that may be hunted under this part must be confined to artificially propagated ring-necked pheasants with no color mutations, chukar partridges, Merriam's turkeys, Hungarian partridges, and other species authorized by the department.

(2) Artificially propagated upland game birds released on a shooting preserve during the shooting preserve season must be at least 14 weeks of age and must be marked prior to release in a manner that distinguishes them from wild upland game birds.

(3) For each shooting preserve season, a shooting preserve operator shall maintain a record of the total number, by species and source, of artificially propagated upland game birds released and harvested and the number of wild upland game birds harvested in the preserve. The record must be open to inspection by a delegated representative of the department at any reasonable time.
Mont. Code Ann. § 87-2-725 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-725
87-2-725 Auction or lottery of mountain goat license -- rules
Status: in_force

87-2-725 . Auction or lottery of mountain goat license -- rules. (1) The commission may issue one mountain goat 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 involved in the conservation of mountain goats 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 mountain goats. The proceeds from the auction or lottery must be used in addition to any other funds that the department uses for the management of mountain goats.
Mont. Code Ann. § 87-4-808 — MT Code / Title 87 / Chapter 4 / Part 8 / Section 87-4-808
87-4-808 Fines, bonds, penalties, and fees
Status: in_force

87-4-808 . Fines, bonds, penalties, and fees. Fines, bonds, or penalties, except those obtained by a justice's court, shall be administered and disposed of in accordance with the provisions of 87-1-601 . Fees obtained under this part must be deposited with the department of revenue and credited to the state special revenue fund, fish and game account.
Mont. Code Ann. § 87-4-801 — MT Code / Title 87 / Chapter 4 / Part 8 / Section 87-4-801
87-4-801 Definitions
Status: in_force

87-4-801 . Definitions. As used in this part unless the context requires otherwise, the following definitions apply:

(1) "Roadside menagerie" means any place where one or more wild animals, including birds, reptiles, and the like, are kept in captivity for the evident purpose of exhibition, attracting trade, or other commercial purposes on or off the facility premises. It does not include the exhibition of any animal by an educational institution or by a traveling theatrical exhibition or circus based outside of Montana.

(2) "Wild animal" means an animal that is wild by nature as distinguished from the common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles.

(3) "Wild animal menagerie" means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition.

(4) "Wildlife sanctuary" means a facility organized as a Montana nonprofit corporation pursuant to Title 35, chapter 2, or in good standing with and accredited by the American sanctuary association or the global federation of animal sanctuaries for the purpose of providing homes for nonreleasable wild animals. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization.

(5) "Zoo" means any zoological garden chartered as a nonprofit corporation by the state or in good standing with and accredited by the association of zoos and aquariums or the zoological association of America for the purpose of exhibiting wild animals for public viewing. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization.
Mont. Code Ann. § 87-4-303 — MT Code / Title 87 / Chapter 4 / Part 3 / Section 87-4-303
87-4-303 Persons required to have fur dealer's license
Status: in_force

87-4-303 . Persons required to have fur dealer's license. A fur dealer shall, before buying, selling, or in any manner dealing in the skins or pelts of any fur-bearing or predatory animal within this state, secure a fur dealer's license from the director. A license is not required for a hunter or trapper selling skins or pelts that the hunter or trapper has lawfully taken or for a person who is not a fur dealer who purchases skins or pelts exclusively for the person's own use and not for sale.
Mont. Code Ann. § 87-3-315 — MT Code / Title 87 / Chapter 3 / Part 3 / Section 87-3-315
87-3-315 Recovery and possession of horns and skulls from mountain sheep that died of natural causes
Status: in_force

87-3-315 . Recovery and possession of horns and skulls from mountain sheep that died of natural causes. (1) Except as provided in subsections (6) and (7), a person may recover and possess the horn or horns and attached skull, or portion thereof, of a mountain sheep that died of natural causes and was not purposefully or accidentally killed, captured, or taken, including due to being struck by a vehicle.

(2) Horns and skulls recovered pursuant to this section must be reported to the department by a method prescribed by the department within 48 hours and presented to the department for inspection and placement of a permanent pin in a horn within 10 days. The fee for the pin is $25.

(3) The insertion of a pin does not certify that an animal died of natural causes but identifies the horn or horns and indicates that the requirements of subsection (2) were met.

(4) The department may require a person who recovered a horn or horns and skull, or portion thereof, to return to the site of recovery to verify they were lawfully recovered.

(5) Skulls and horns recovered under this section may not be sold, bartered, or purchased and may not be transferred to another person without a permit issued by the department.

(6) This section does not allow the recovery or possession of horns and skulls found in state parks.

(7) The department may suspend the recovery of horns and skulls pursuant to this section during a disease-related die-off event within a mountain sheep population.

(8) For the purposes of this section, the term "horn" means the hollow horn sheath of a male mountain sheep, either attached to the skull or separated from the skull.
Mont. Code Ann. § 87-1-241 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-241
87-1-241 Acquisition of wildlife habitat -- rules
Status: in_force

87-1-241 . Acquisition of wildlife habitat -- rules. (1) Before acquisition of any interest in land for the primary purpose of securing wildlife habitat the commission shall by rule establish a policy for making such acquisitions. With regard to any specific acquisition the policy shall provide for a comprehensive analysis of:

(a) the wildlife populations and use currently associated with the property;

(b) the potential value of the land for protection, preservation, and propagation of wildlife;

(c) management goals proposed for the land and wildlife populations, and where feasible, any additional uses of the land such as livestock grazing or timber harvest;

(d) any potential impacts to adjacent private land resulting from proposed management goals, and plans to address such impacts;

(e) any significant potential social and economic impacts to affected local governments and the state, including but not limited to impacts on:

(i) tax revenue available for the operation of taxing jurisdictions within the county;

(ii) services required to be provided by local governments;

(iii) employment opportunities within the counties;

(iv) local schools; and

(v) private businesses supplying goods and services to the community;

(f) a land maintenance program to control weeds and maintain roads and fences; and

(g) any other matter considered necessary or appropriate by the commission.

(2) The analysis made of any proposed acquisition must be made available for review by each owner of land adjacent to the property that is the subject of analysis, and to any member of the public. A public hearing must be held in the affected area after the analysis has been made available to the public.
Mont. Code Ann. § 87-1-232 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-232
87-1-232 Tattoo records
Status: in_force

87-1-232 . Tattoo records. (1) The department shall maintain a record of each animal reported to it pursuant to 87-6-701 . The record shall indicate:

(a) the person by whom the animal was captured or is held in captivity;

(b) the location of the capture or captivity;

(c) the date the animal was tattooed;

(d) the purpose of the captivity or capture; and

(e) any death, escape, release, transfer of custody, or other disposition of the animal.

(2) The department shall establish by rule a fee to be charged, which may not exceed the administrative cost of maintaining the record required by this section.
Mont. Code Ann. § 87-2-501 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-501
87-2-501 Class A-3, A-4, A-5, A-6, and A-9 resident deer, elk, and bear licenses -- fees
Status: in_force

87-2-501 . Class A-3, A-4, A-5, A-6, and A-9 resident deer, elk, and bear licenses -- fees. (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, upon payment of the proper fee or fees, is entitled to purchase one of each of the following licenses at the prescribed cost that will entitle a holder who is 12 years of age or older to hunt the game animal or animals authorized by the license held and to possess the carcasses of those game animals as authorized by department rules:

(a) Class A-3, deer A tag, $16;

(b) Class A-4, deer B tag, $10;

(c) Class A-5, elk tag, $20;

(d) Class A-6, black bear tag, $19;

(e) Class A-9, resident antlerless elk B tag, $20.

(2) Subject to the management provisions provided in 87-1-321 through 87-1-325 , a person may not take more than three elk during any license year, only one of which may be antlered.
Mont. Code Ann. § 87-3-227 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-227
87-3-227 Civil liability
Status: in_force

87-3-227 . Civil liability. A person, firm, or corporation that violates any provision of this part pertaining to fish disease or rules or orders of the department is liable for damages caused by the violation. The damages may be recovered by the person, firm, or corporation damaged or by the department on behalf of the public in a civil action in a court of competent jurisdiction. All money collected by the department under this section must be deposited in the state special revenue fund as provided in 87-1-601 (1).
Mont. Code Ann. § 87-1-605 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-605
87-1-605 Fees used to purchase recreational facilities
Status: in_force

87-1-605 . Fees used to purchase recreational facilities. (1) One dollar of the fee for a Class A resident fishing license, 10% of the fee for a Class A-8 resident temporary fishing license, $1 of the fee for a Class B-4 nonresident fishing license, $3.50 of the fee for a Class B-5 nonresident fishing license, and $5 of the fee for a Class B nonresident fishing license must be used for the purchase, operation, development, and maintenance of fishing accesses; stream, river, and lake frontages; and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages.

(2) The amount of funds used for operation and maintenance must equal at least 50% of the money set aside each year under this section and must be expended as provided in subsection (3). The funds raised under this section may not be used in lieu of any funds or sources of funds currently being used for acquisition or purchase of fishing accesses or stream, river, or lake frontages and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages but are in addition to those funds. The funds used for operation and maintenance may be used only for these purposes on lands acquired with funds under this section after April 30, 1974.

(3) Operation and maintenance money set aside each year under this section must be expended based on the following priority:

(a) weed management;

(b) streambank restoration; and

(c) general operation and maintenance.
Mont. Code Ann. § 87-1-612 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-612
87-1-612 Purposes of the fish and wildlife mitigation trust fund
Status: in_force

87-1-612 . Purposes of the fish and wildlife mitigation trust fund. Expenditures may be made from the fish and wildlife mitigation trust fund for fish and wildlife mitigation or enhancement purposes pursuant to the written agreement, contract, authorization, or terms of a gift, donation, grant, legacy, bequest, or devise committing money to the fish and wildlife mitigation trust fund. The specific purposes are those designated in the written agreement, contract, authorization, or terms.
Mont. Code Ann. § 87-5-504 — MT Code / Title 87 / Chapter 5 / Part 5 / Section 87-5-504
87-5-504 Notice of department findings and alternative plans
Status: in_force

87-5-504 . Notice of department findings and alternative plans. Within 30 days after the receipt of such plans, the department shall notify the applicant whether or not such construction project or hydraulic project will adversely affect any fish or game habitat. If the department notifies the applicant that such construction will adversely affect any fish or game habitat, it shall accompany such notice with recommendations or alternative plans which will eliminate or diminish such adverse effect.
Mont. Code Ann. § 87-4-1001 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1001
87-4-1001 Definitions
Status: in_force

87-4-1001 . Definitions. For purposes of this part, the following definitions apply:

(1) "Fur farm" means the enclosed land area upon which furbearers may be kept for purposes of obtaining, rearing in captivity, keeping, and selling furbearers or parts of furbearers as authorized under this part.

(2) "Furbearer" means a marten or sable, otter, muskrat, fisher, bobcat, lynx, wolverine, or beaver. The term does not include fox or mink.
Mont. Code Ann. § 87-6-715 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-715
87-6-715 Menagerie, sanctuary, and zoo offenses
Status: in_force

87-6-715 . Menagerie, sanctuary, and zoo offenses. (1) A person may not:

(a) operate a roadside menagerie or wild animal menagerie without a permit obtained pursuant to 87-4-803 ;

(b) subscribe to any false statement in an application for a permit; or

(c) obtain wild animals for a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo by capture from the wild or by purchase except in accordance with 87-4-804 .

(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. § 87-1-629 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-629
87-1-629 Review of budget -- report to legislature
Status: in_force

87-1-629 . Review of budget -- report to legislature. In addition to the requirements of Title 17, chapter 7, part 1, every 4 years the department shall review its expenditures and revenue to determine the need for making license revenue recommendations to the legislature. The department shall report the findings of its review to the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 87-1-703 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-703
87-1-703 Cooperative agreements on federally owned land
Status: in_force

87-1-703 . Cooperative agreements on federally owned land. The department, in the name of the state and with the approval of the governor, shall have the power to enter into cooperative agreements on federally owned lands with the government of the United States or any department or bureau thereof or with an individual or individuals, private corporations, or partnerships for the purpose of carrying on any fish restoration projects created and established under the provisions of 87-1-701 through 87-1-703 and shall have the power to acquire by purchase, either by cash or upon installments, or lease or by gift or by devise or individually or in conjunction with the government of the United States or some department or bureau thereof such lands or other property or interest therein as may be necessary for the purpose of carrying on any fish restoration and management projects created and established under the provisions of said Dingell-Johnson bill of the congress of the United States, and the state does reserve to itself, acting through its legislature, the right to direct the department to abandon any fish restoration and management projects created and established as the state may in its judgment think proper. The department shall have no power to exercise the right of eminent domain to condemn or acquire property under 87-1-701 through 87-1-703 .
Mont. Code Ann. § 87-2-1004 — MT Code / Title 87 / Chapter 2 / Part 10 / Section 87-2-1004
87-2-1004 Rules to implement reciprocal agreements
Status: in_force

87-2-1004 . Rules to implement reciprocal agreements. The department is authorized to establish rules for the purpose of implementing agreements established under 87-2-1001 . It is unlawful to violate any orders or rules promulgated by the department under this part.
Mont. Code Ann. § 87-2-810 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-810
87-2-810 Apprentice certificate
Status: in_force

87-2-810 . Apprentice certificate. (1) A person who is 10 years of age or older and who has not completed a hunter safety and education course pursuant to 87-2-105 or a trapper education course pursuant to 87-2-127 is eligible to use an apprentice certificate that entitles the holder to obtain and use hunting licenses and permits or a Class C or Class C-2 trapping license in accordance with this title and the provisions of this section.

(2) A person may obtain an apprentice certificate for no more than 2 license years before the person shall complete a Montana hunter safety and education course pursuant to 87-2-105 to be eligible for hunting licenses or a trapper education course pursuant to 87-2-127 to be eligible for trapping licenses. Completing a Montana hunter safety and education course or a trapper education course prior to turning 12 years of age does not prevent a person who is at least 10 years of age from being eligible to obtain and use licenses pursuant to this section.

(3) A person who obtains an apprentice certificate must be in the company of a mentor when hunting and trapping and shall conduct all hunting and trapping in accordance with this section and within the terms and conditions of the license or permit issued.

(4) To qualify as a mentor who will accompany an apprentice, a person must:

(a) be at least 21 years of age;

(b) if the apprentice is under 18 years of age, be related to the apprentice by blood, adoption, or marriage, be the legal guardian of the apprentice, or be a person designated by a parent or legal guardian as being capable and qualified to assist the apprentice;

(c) if serving as a hunting mentor, have completed a hunter safety and education course pursuant to 87-2-105 and have a current hunting license;

(d) if serving as a trapping mentor, have completed a trapper education course pursuant to 87-2-127 and have a current trapping license;

(e) have agreed to accompany and supervise the apprentice and remain within sight of and direct voice contact with the apprentice at all times while in the field; and

(f) confirm that the apprentice possesses the physical and psychological capacity to safely and ethically engage in hunting and trapping activities.

(5) Subject to the conditions of this section, the department shall issue an apprentice certificate on payment of a fee of $5. This fee must be deposited in the state special revenue fund account to the credit of the department for hunter education purposes.

(6) The department shall issue an apprentice certificate that allows an apprentice to be accompanied by multiple mentors.

(7) Except as provided in subsection (8), a person who obtains an apprentice certificate may purchase any unlimited hunting license or permit by any applicable deadline for the fee established pursuant to this chapter, including

a reduced cost license for which the applicant qualifies. An apprentice who is under 12 years of age is eligible to obtain the unlimited reduced cost licenses available to a person who is 12 years of age.

(8) A person who obtains an apprentice certificate is not eligible:

(a) to obtain a Class A-2 special bow and arrow license without having:

(i) completed a bowhunter education course; and

(ii) turned 12 years of age by January 16 of the license year;

(b) to obtain a black bear license;

(c) to obtain a mountain lion license;

(d) to obtain a Class D-3 resident hound training license;

(e) to obtain a wolf license;

(f) to participate in a drawing with a limited quota;

(g) to obtain a mountain sheep license in any area where the licenses are issued in unlimited number; or

(h) to obtain an elk license if the [apprentice] is under 15 years of age.

(9) An apprentice who violates the terms of this section or a mentor who violates the terms of this section while accompanying an apprentice is subject to the loss of privileges granted by this section for up to one full license season.
Mont. Code Ann. § 87-5-713 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-713
87-5-713 Control of wildlife species permitted to be transplanted or introduced
Status: in_force

87-5-713 . Control of wildlife species permitted to be transplanted or introduced. Any wildlife species listed in 87-5-714 or approved by the commission for introduction or transplantation may be introduced or transplanted only subject to a plan developed by the department to assure that the population can be controlled if any unforeseen harm should occur.
Mont. Code Ann. § 87-6-106 — MT Code / Title 87 / Chapter 6 / Part 1 / Section 87-6-106
87-6-106 Lawful taking to protect livestock or person -- findings
Status: in_force

87-6-106 . Lawful taking to protect livestock or person -- findings.

(1) A person may kill or attempt to kill a wolf or mountain lion that is in the act of attacking or killing a domestic dog.

(2) A person who, under this section, takes wildlife protected by this title shall notify the department within 72 hours and shall surrender or arrange to surrender the wildlife to the department.

(3) In accordance with the rights conferred on Montana citizens pursuant to Article II, sections 3 and 12, of the Montana constitution, the legislature finds the act of a grizzly bear attacking or killing a person is an absolute defense against a person who takes a grizzly bear in accordance with this section being charged with a crime under Montana law. Grizzly bears threatening, attacking, or killing livestock may only be taken as provided in 87-5-301 .

(4) When a grizzly bear poses a threat to a person through consistent presence or proximity to people or inhabited dwellings, the person may contact the department. If, on investigation, the department finds the grizzly bear is a threat, the department may control, trap, or remove the grizzly bear or issue a permit to the person to kill the grizzly bear to mitigate the threat to human safety.

(5) As used in this section, "livestock" means cattle, swine, horses, mules, sheep, goats, llamas, donkeys, and livestock guard dogs.
Mont. Code Ann. § 87-6-221 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-221
87-6-221 Imported urine -- use or sale prohibited
Status: in_force

87-6-221 . Imported urine -- use or sale prohibited. (1) Except as provided in subsection (2), the use or sale of deer or elk urine to mask human odor is prohibited if the urine originated in a state or province with documented occurrences of chronic wasting disease as determined by the commission.

(2) The commission may allow deer or elk urine otherwise prohibited by subsection (1) if the deer or elk urine is produced in a facility that the commission determines:

(a) complies with a federal or a federally approved chronic wasting disease herd certification program and any federal chronic wasting disease protocols and record requirements;

(b) does not allow importation of live cervids, except in cases of catastrophic loss or herd replenishment;

(c) requires that all cervids exported from the facility be tested for chronic wasting disease upon death and the results be reported to the facility;

(d) is inspected annually by an accredited veterinarian, including inspection of the herd and applicable records; and

(e) maintains a fence at least 8 feet high around the facility and, if the facility is located within 30 miles of a confirmed positive occurrence of chronic wasting disease, is double fenced to prevent direct contact between captive and wild cervids.

(3) (a) Except as provided in subsection (3)(b), a violation of this section is a misdemeanor punishable by a fine of up to $500 for each separate offense.

(b) Through January 31, 2019, violators of this section must be issued a warning but may not be fined.
Mont. Code Ann. § 87-1-230 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-230
87-1-230 Terminated
Status: in_force

87-1-230 . Terminated. Sec. 8, Ch. 427, L. 2009.
Mont. Code Ann. § 87-3-223 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-223
87-3-223 Authorization for rules and personnel
Status: in_force

87-3-223 . Authorization for rules and personnel. The department may promulgate such rules and regulations and may employ such personnel for testing and inspection as are necessary to carry out the provisions of 87-3-221 through 87-3-224 .
Mont. Code Ann. § 87-5-602 — MT Code / Title 87 / Chapter 5 / Part 6 / Section 87-5-602
87-5-602 Definitions
Status: in_force

87-5-602 . Definitions. As used in this part, the following definitions apply:

(1) "Board" means the fish, wildlife, and parks crimestoppers board created in 2-15-3404 .

(2) "Department" means the department of fish, wildlife, and parks.

(3) "Program" means the fish, wildlife, and parks crimestoppers program created under 87-5-605 .
Mont. Code Ann. § 87-1-226 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-226
87-1-226 Disposition of meat of animals damaging property
Status: in_force

87-1-226 . Disposition of meat of animals damaging property. (1) The meat of all animals killed or destroyed pursuant to 87-1-225 by the department or the authorized landholder shall be conserved and given to state institutions, school lunch programs, the department of public health and human services, or charitable institutions. The department shall provide transportation and distribution of the meat.

(2) Any meat not accepted by state institutions, school lunch programs, the department of public health and human services, or charitable institutions shall be sold as provided in 87-1-511 .
Mont. Code Ann. § 87-1-304 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-304
87-1-304 Fixing of seasons and bag and possession limits
Status: in_force

87-1-304 . (Temporary) Fixing of seasons and bag and possession limits. (1) Subject to the provisions of 87-5-302 and subsections (7) through (9) of this section, the commission may:

(a) fix seasons, bag limits, possession limits, and season limits;

(b) open or close or shorten or lengthen seasons on any species of game, bird, fish, or fur-bearing animal as defined by 87-2-101 ;

(c) declare areas open to the hunting of deer, antelope, elk, moose, sheep, goat, mountain lion, bear, wild buffalo or bison, and wolf by persons holding an archery stamp and the required license, permit, or tag and designate times when only bows and arrows may be used to hunt deer, antelope, elk, moose, sheep, goat, mountain lion, bear, wild buffalo or bison, and wolf in those areas;

(d) subject to the provisions of 87-1-301 (6), restrict areas and species to hunting with only specified hunting arms, including bow and arrow, for the reasons of safety or of providing diverse hunting opportunities and experiences; and

(e) declare areas open to special license holders only and issue special licenses in a limited number when the commission determines, after proper investigation, that a special season is necessary to ensure the maintenance of an adequate supply of game birds, fish, or animals or fur-bearing animals. The commission may declare a special season and issue special licenses when game birds, animals, or fur-bearing animals are causing damage to private property or when a written complaint of damage has been filed with the commission by the owner of that property. In determining to whom special licenses must be issued, the commission may, when more applications are received than the number of animals to be killed, award permits to those chosen under a drawing system. The procedures used for awarding the permits from the drawing system must be determined by the commission.

(2) The commission may adopt rules governing the use of livestock and vehicles by archers during special archery seasons.

(3) Subject to the provisions of 87-5-302 and subsection (7) of this section, the commission may divide the state into fish and game districts and create fish, game, or fur-bearing animal districts throughout the state. The commission may declare a closed season for hunting, fishing, or trapping in any of those districts and later may open those districts to hunting, fishing, or trapping.

(4) The commission may declare a closed season on any species of game, fish, game birds, or fur-bearing animals threatened with undue depletion from any cause. The commission may close any area or district of any stream, public lake, or public water or portions thereof to hunting, trapping, or fishing for limited periods of time when necessary to protect a recently stocked area, district, water, spawning waters, spawn-taking waters, or spawn-taking stations or to prevent the undue depletion of fish, game, fur-bearing animals, game birds, and nongame birds. The commission may open the area or district upon consent of a majority of the property owners affected.

(5) The commission may authorize the director to open or close any special season upon 12 hours' notice to the public.

(6) The commission may declare certain fishing waters closed to fishing except by persons under 15 years of age. The purpose of this subsection is to provide suitable fishing waters for the exclusive use and enjoyment of juveniles under 15 years of age, at times and in areas the commission in its discretion considers advisable and consistent with its policies relating to fishing.

(7) In an area immediately adjacent to a national park, the commission may not:

(a) prohibit the hunting or trapping of wolves; or

(b) close the area to wolf hunting or trapping unless a wolf harvest quota established by the commission for that area has been met.

(8) The commission may authorize a wolf trapping season that opens the first Monday after Thanksgiving and closes March 15 of the following calendar year, except that the commission may adjust the dates for specific wolf management units based on regional recommendations.

(9) There is established a special muzzleloader heritage hunting season that begins on the second Saturday after the end of the regular season and lasts 9 days. During this season, subject to the provisions of 87-6-401 (1)(i) and rules adopted by the commission, a person may take a deer or elk with a valid license or permit using plain lead projectiles and a muzzleloading rifle that is charged with loose black powder, loose pyrodex, or an equivalent loose black powder substitute and ignited by a flintlock, wheel lock, matchlock, or percussion mechanism using a percussion or musket cap. The muzzleloading rifle must be a minimum of 45 caliber and may not have more than two barrels.

(10) For the purpose of shed hunting as defined in 87-2-101 in a wildlife management area, the commission shall allow a resident as defined in 87-2-102 access to the area 7 days in advance of a nonresident. A nonresident who violates this subsection (10) is subject to the penalties provided for in 87-2-530 .
Mont. Code Ann. § 87-6-310 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-310
87-6-310 Unlawful procurement of license while privileges forfeited or suspended
Status: in_force

87-6-310 . Unlawful procurement of license while privileges forfeited or suspended. (1) A person whose privilege to hunt, fish, or trap in this state is forfeited for a conviction or forfeiture of bail or bond for a violation under this chapter in this state may not purchase, acquire, obtain, possess, or apply for a hunting, fishing, or trapping license or permit while that privilege is forfeited.

(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 apply for or purchase any license to hunt, fish, or trap in this state while that privilege is suspended.

(3) 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. § 87-3-603 — MT Code / Title 87 / Chapter 3 / Part 6 / Section 87-3-603
87-3-603 Field trials -- requirements -- reporting taking of untagged game birds
Status: in_force

87-3-603 . Field trials -- requirements -- reporting taking of untagged game birds. (1) A person or organization shall apply for a permit from the department using a form provided by the department prior to conducting a field trial on public land.

(2) A signed application must be submitted to the department at least 20 days prior to the date of the field trial.

(3) The application must state the name and address of the national affiliate, the location of the field trial, the date or dates of the field trial, whether live game birds are to be used, and any other information required by the department to determine the advisability of granting permission for the field trial.

(4) The department may deny an application that it determines is not in the best interests of the protection, preservation, propagation, and conservation of game birds.

(5) The department may condition a permit for a field trial as necessary for the protection, preservation, propagation, and conservation of game birds.

(6) Within 10 days of receiving the application, the department shall notify the applicant if the permit is granted, granted with conditions, or denied.

(7) Game birds used in a field trial must be tagged or marked before being planted or released. 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.

(8) A person who takes an untagged game bird during a field trial 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. § 87-1-223 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-223
87-1-223 Control of state waters for propagation of fish
Status: in_force

87-1-223 . Control of state waters for propagation of fish. The department may control the waters of any lake, pond, or stream that lies wholly within the limits of land owned by the state so far as the use of that lake, pond, or stream for the breeding and propagation of game fish is concerned. Before the right to control any lake, pond, or stream inures to the department, the department shall notify the department of natural resources and conservation that the lake, pond, or stream is wanted for that purpose, giving a description of the land by legal subdivision when surveyed or a sufficient general description when not so surveyed. The department of natural resources and conservation shall make that entry upon its books and maps to serve as notice to a lessor or purchaser of the right claimed by the state in the lake, pond, or stream. The department of natural resources and conservation shall notify a lessor, purchaser, or applicant to lease or purchase of the fact that a right to the use of the lake, pond, or stream is claimed. This right may not continue for more than 1 year after the land is sold by the state. If the right to the control of a lake, pond, or stream lessens the value of that land or prevents the ready sale of it, the right granted to the department may be terminated upon giving 60 days' notice of the termination to the department.
Mont. Code Ann. § 87-4-704 — MT Code / Title 87 / Chapter 4 / Part 7 / Section 87-4-704
87-4-704 Record to be kept
Status: in_force

87-4-704 . Record to be kept. It is the duty of a person who has in the person's possession and offers for sale any game or game birds to keep a record showing the amount and kind of game and game birds received by the person, together with shipping and transportation receipts showing the true time and place of shipment of the game and game birds and the name of the person shipping the game and game birds. However, any merchant in Montana selling game or game birds to any hotelkeeper, restaurant keeper, or other person shall, in addition to the record and receipts required to be kept by the merchant, keep a record of the date of sale, the kind and amount of game or game birds, and the name of the purchaser. In the case of hotelkeepers, restaurant keepers, or other persons buying game or game birds from a merchant within the state of Montana, a receipt from the merchant showing the date and the kind and amount of game or game birds purchased is sufficient evidence of compliance with the provisions of this part by the hotelkeeper, restaurant keeper, or other person.
Mont. Code Ann. § 87-1-222 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-222
87-1-222 Construction and maintenance of fish hatcheries and fish ladders
Status: in_force

87-1-222 . Construction and maintenance of fish hatcheries and fish ladders. (1) The department shall furnish plans for, direct, and compel the construction, installation, and repair of fish ladders upon dams and other obstructions in streams. The fish ladders shall be installed and maintained at the expense of the owners of the dam or other obstruction.

(2) The department may purchase and maintain, at the expense of the state fish and game fund, suitable fish screens, fish wheels, or other devices to install in irrigating ditches to prevent fish entering said ditches.

(3) The department may locate, lay out, construct, and maintain nurseries and rearing ponds where fry can be planted, propagated, and reared to be distributed in the waters of this state. The department may spend from fish and game funds sums necessary for this purpose.
Mont. Code Ann. § 87-3-210 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-210
87-3-210 Permit required for importation of nonsalmonid fish or eggs
Status: in_force

87-3-210 . Permit required for importation of nonsalmonid fish or eggs. Except when intended for use in home or office aquariums, importations of live nonsalmonid fish or eggs must be accompanied by a permit as described for salmonids in 87-3-221 (2). The permit may require that the importation be inspected and approved by a department biologist prior to release or placement.
Mont. Code Ann. § 87-3-226 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-226
87-3-226 Duty to report fish pathogens
Status: in_force

87-3-226 . Duty to report fish pathogens. A person, including the owner or custodian of a fish hatchery or culture facility, who has reason to suspect the presence of fish pathogens specified by the department as posing a threat to existing fisheries shall immediately give notice to the department.
Mont. Code Ann. § 87-1-233 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-233
87-1-233 Compensation for damage caused by animal held in captivity
Status: in_force

87-1-233 . Compensation for damage caused by animal held in captivity. If any bear, wolf, tiger, mountain lion, or coyote that is held in captivity or that escapes from such captivity causes any damage to the personal property of another person, compensation for such damage must be paid by the person holding or who held the animal in captivity.
Mont. Code Ann. § 87-2-101 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-101
87-2-101 Definitions
Status: in_force

87-2-101 . Definitions. As used in Title 87, chapter 3, and this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Angling" or "fishing" means to take or harvest fish or the act of a person possessing any instrument, article, or substance for the purpose of taking or harvesting fish in any location that a fish might inhabit.

(2) (a) "Bait" means any animal matter, vegetable matter, or natural or artificial scent placed in an area inhabited by wildlife for the purpose of attracting game animals or game birds.

(b) The term does not include:

(i) decoys, silhouettes, or other replicas of wildlife body forms;

(ii) scents used only to mask human odor; or

(iii) types of scents that are approved by the commission for attracting game animals or game birds.

(3) "Fur-bearing animals" means marten or sable, otter, muskrat, fisher, mink, bobcat, lynx, wolverine, northern swift fox, and beaver.

(4) "Game animals" means deer, elk, moose, antelope, caribou, mountain sheep, mountain goat, mountain lion, bear, and wild buffalo.

(5) "Game fish" means all species of the family Salmonidae (chars, trout, salmon, grayling, and whitefish); all species of the genus Sander (sandpike or sauger and walleyed pike or yellowpike perch); all species of the genus Esox (northern pike, pickerel, and muskellunge); all species of the genus Micropterus (bass); all species of the genus Polyodon (paddlefish); all species of the family Acipenseridae (sturgeon); all species of the genus Lota (burbot or ling); the species Perca flavescens (yellow perch); all species of the genus Pomoxis (crappie); and the species Ictalurus punctatus (channel catfish).

(6) "Hunt" means to pursue, shoot, wound, take, harvest, kill, chase, lure, possess, or capture or the act of a person possessing a weapon, as defined in 45-2-101 , or using a dog or a bird of prey for the purpose of shooting, wounding, taking, harvesting, killing, possessing, or capturing wildlife protected by the laws of this state in any location that wildlife may inhabit, whether or not the wildlife is then or subsequently taken. The term includes an attempt to take or harvest by any means, including but not limited to pursuing, shooting, wounding, killing, chasing, luring, possessing, or capturing.

(7) "Migratory game birds" means waterfowl, including wild ducks, wild geese, brant, and swans; cranes, including little brown and sandhill; rails, including coots; Wilson's snipes or jacksnipes; and mourning doves.

(8) "Nongame wildlife" means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other animal not otherwise legally classified by statute or regulation of this state.

(9) "Open season" means the time during which game birds, game fish, game animals, and fur-bearing animals may be lawfully taken.

(10) "Person" means an individual, association, partnership, or corporation.

(11) "Predatory animals" means coyote, weasel, skunk, and civet cat.

(12) "Shed hunt" or "shed hunting" means to collect the naturally shed antlers or horns of elk, deer, and antelope and the antlers or horns of a game animal, except for mountain sheep as provided in 87-3-315 , with a skull or a portion of a skull attached that has died from natural causes and that has not been unlawfully killed, captured, or taken or accidentally killed.

(13) "Trap" means to take or harvest or participate in the taking or harvesting of any wildlife protected by the laws of the state by setting or placing any mechanical device, snare, deadfall, pit, or device intended to take wildlife or to remove wildlife from any of these devices.

(14) "Upland game birds" means sharp-tailed grouse, blue grouse, spruce (Franklin) grouse, prairie chicken, sage hen or sage grouse, ruffed grouse, ring-necked pheasant, Hungarian partridge, ptarmigan, wild turkey, and chukar partridge.

(15) "Wild buffalo or bison" or "wild buffalo" means a bison that:

(a) has not been reduced to captivity;

(b) has never been subject to the per capita fee under 15-24-921 ;

(c) has never been owned by a person; and

(d) is not the offspring of a bison that has been subject to the per capita fee under 15-24-921 .
Mont. Code Ann. § 87-5-503 — MT Code / Title 87 / Chapter 5 / Part 5 / Section 87-5-503
87-5-503 Investigation of construction plans
Status: in_force

87-5-503 . Investigation of construction plans. The department shall promptly examine and investigate all such plans. Should the department determine the plans and specifications furnished with any such application technically insufficient, the department shall so notify the applicant and may render aid in preparing adequate plans and specifications.
Mont. Code Ann. § 87-1-106 — MT Code / Title 87 / Chapter 1 / Part 1 / Section 87-1-106
87-1-106 Fish, wildlife, and parks offices
Status: in_force

87-1-106 . Fish, wildlife, and parks offices. The principal offices of the commission, the board, and the department must be located in or near Helena, and suitable and adequate space therefor together with janitor services, light, heat, and water must be furnished by the state of Montana.
Mont. Code Ann. § 87-2-901 — MT Code / Title 87 / Chapter 2 / Part 9 / Section 87-2-901
87-2-901 Appointment of license agents
Status: in_force

87-2-901 . Appointment of license agents. The director may appoint license agents as needed to sell state hunting and fishing licenses and any permits or certificates prescribed by the department, according to rules adopted by the department.
Mont. Code Ann. § 87-5-803 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-803
87-5-803 Wildlife habitat improvement advisory council -- duties -- members
Status: in_force

87-5-803 . Wildlife habitat improvement advisory council -- duties -- members. (1) There is a wildlife habitat improvement advisory council appointed by the director that ranks projects pursuant to 87-5-804 and advises the department on the administration of this part, including making recommendations on additional weed and soil treatment options and methods that are eligible for funding under this part.

(2) The council consists of the following voting members:

(a) a wildlife biologist;

(b) a member of an Indian tribe within Montana as defined in 2-15-141 ;

(c) an agricultural or livestock producer or a representative of an agricultural or livestock producer organization in Montana;

(d) a member of a conservation organization; and

(e) a representative of the Montana weed control association.
Mont. Code Ann. § 87-5-131 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-131
87-5-131 Process for delisting of gray wolf -- management following delisting
Status: in_force

87-5-131 . Process for delisting of gray wolf -- management following delisting. (1) If the United States fish and wildlife service removes the Northern Rocky Mountain or gray wolf from the United States' list of endangered or threatened wildlife, the department is authorized to remove the wolf from the state list of endangered species on a determination by the department pursuant to this part that the wolf is no longer endangered.

(2) Following state delisting of the wolf, the department shall manage the wolf as a species in need of management.

(3) (a) Following state delisting of the wolf, the department, or the department of livestock, pursuant to 81-7-102 and 81-7-103 , may control wolves for the protection and safeguarding of livestock if the control action is consistent with a wolf management plan approved by both the department and the department of livestock.

(b) Any wolf management plan approved by the department and the department of livestock must allow the issuance of special kill permits, also known as shoot-on-sight written take authorizations, by the department to landowners or public land permittees who have experienced livestock depredation.
Mont. Code Ann. § 87-1-212 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-212
87-1-212 Terminated
Status: in_force

87-1-212 . Terminated. Sec. 6, Ch. 234, L. 1991.
Mont. Code Ann. § 87-4-419 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-419
87-4-419 Escape from alternative livestock ranch -- effect
Status: in_force

87-4-419 . Escape from alternative livestock ranch -- effect. (1) If an alternative livestock animal escapes from an alternative livestock ranch, the alternative livestock licensee shall immediately notify the department of its escape and shall make every reasonable effort to recapture it. If the escaped animal cannot be recaptured within a reasonable time, the department may kill the animal. If recapture or killing of the animal is unsuccessful within a reasonable time, the animal becomes the property of the state.

(2) The department shall by rule adopt a definition of "reasonable time", as used in this section, taking into consideration specific seasonal issues related to breeding and disease.
Mont. Code Ann. § 87-4-412 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-412
87-4-412 Term of license -- renewal -- transfer prohibited
Status: in_force

87-4-412 . Term of license -- renewal -- transfer prohibited. (1) An alternative livestock ranch license expires on March 1 of the year succeeding the year of issuance. Application for renewal must be made before a license expires. The department shall renew the license upon payment of the renewal fee if the licensee has complied with all recording and reporting requirements.

(2) An alternative livestock ranch license for a specific facility is not transferable.
Mont. Code Ann. § 87-6-414 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-414
87-6-414 Failure to wear hunter orange while big game hunting
Status: in_force

87-6-414 . Failure to wear hunter orange while big game hunting. (1) Except as provided in subsection (3), a person may not hunt any big game animals in this state or accompany any hunter as an outfitter or guide under any of the provisions of the laws of this state without wearing as exterior garments above the waist a total of not less than 400 square inches of hunter orange material visible at all times while hunting.

(2) As used in this section, "hunter orange" means a daylight fluorescent orange color.

(3) This section does not apply to a person hunting:

(a) with a bow and arrow during the special archery season; or

(b) wolves outside the general deer and elk season as authorized by commission rules.

(4) The department shall make rules to implement this section.

(5) A person convicted of a violation of this section shall be punished by a fine of not less than $10 or more than $20.
Mont. Code Ann. § 87-2-815 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-815
87-2-815 Donation of hunting licenses to disabled veterans or disabled members of the armed forces
Status: in_force

87-2-815 . Donation of hunting licenses to disabled veterans or disabled members of the armed forces. (1) The holder of any hunting license issued by the department may surrender that license and any related permit to the department for reissuance to a disabled veteran or a disabled member of the armed forces for use on an expedition arranged by a nonprofit organization that is exempt from taxation under 26 U.S.C. 501(c)(3) and that uses hunting as part of the rehabilitation of disabled veterans and disabled members of the armed forces. The person surrendering the license:

(a) is not eligible for a refund for the cost of the surrendered license;

(b) may designate to which organization the donation is being made but may not designate to which disabled veteran or disabled member of the armed forces the license is being surrendered; and

(c) shall surrender the donated license and any related permit before the start of any season for which the license and permit are valid.

(2) In order to obtain a license and any related permit pursuant to this section, a veteran or a member of the armed forces:

(a) must be a purple heart recipient;

(b) must, as the result of wounds or injuries received in a combat zone, be medically retired, have a 70% or greater disability rating by the United States department of veterans affairs or department of defense, or have active duty status;

(c) is not required to be a resident;

(d) does not have to first obtain a conservation license;

(e) is not required to pay any fee; and

(f) may not have previously received a license and any related permit pursuant to this section in the past calendar year.

(3) A license and any related permit reissued pursuant to this section entitles the disabled veteran or disabled member of the armed forces to take the same species in the same administrative region or regions, hunting district or districts, or portions thereof, as allowed by the license and any related permit that was surrendered.

(4) Any license or permit surrendered or reissued pursuant to this section may not be sold, traded, auctioned, or offered for any monetary value and may not be used by any person other than a disabled veteran or disabled member of the armed forces who meets the requirements of subsection (2).

(5) The restrictions in 87-2-702 (3) and (4) do not apply to a disabled veteran or a disabled member of the armed forces who obtains a license pursuant to this section.

(6) The department may adopt rules to implement the provisions of this section.
Mont. Code Ann. § 87-1-278 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-278
87-1-278 Grant criteria
Status: in_force

87-1-278 . Grant criteria. (1) An applicant for a grant pursuant to 87-1-277 shall provide matching funds in either cash or in-kind contributions. The match must represent $1 in value for each $1 of the grant. In-kind contributions include but are not limited to labor, materials, and real property. Existing assets and existing shooting range development may not apply to the match.

(2) An applicant that is a private shooting club or a private organization must be a nonprofit corporation pursuant to Title 35, chapter 2, with an organizational structure, officers, directors, and a registered agent.

(3) A grant must be used for the purchase of real property, earthwork, fixed improvements to existing shooting ranges or ranges being established, or reasonable grant application expenses. A grant may not be used for any expendable supplies for a shooting range.

(4) To be eligible for grant assistance, a private shooting club or a private organization:

(a) (i) shall accept in its membership any person who holds or is eligible to hold a Montana hunting license and who pays club or organization membership fees;

(ii) may not limit the number of members;

(iii) may charge a membership fee not greater than the per-member share of the club's or organization's reasonable cost of provision of services, including establishment, improvement, and maintenance of shooting facilities and other membership services; and

(iv) shall offer members occasional guest privileges at no cost to the member or invited guest and shall make a reasonable effort to hold a public sight-in day each September, when the general public may use the shooting range for a day-use fee or at no cost; or

(b) shall admit the general public for a reasonable day-use fee.

(5) A private shooting club, private organization, unit of local government, or school district that accepts a grant under 87-1-276 , 87-1-277 , 87-1-279 , and this section shall provide the department with a future interest, providing that upon the discontinued use of its shooting range facility or its dissolution, the assets of the facility revert to the department. The department may hold the property indefinitely pending identification of a new entity to operate the facility. If a facility funded under 87-1-276 , 87-1-277 , 87-1-279 , and this section is sold for a use other than a shooting range facility and the sale proceeds are not reinvested in another shooting range facility within 1 year of the sale, the entity that sells the facility shall reimburse the grant program for all funds received under 87-1-276 , 87-1-277 , 87-1-279 , and this section.

(6) To be eligible for grant assistance, the applicant shall allow safe shooting of hunting arms. Hunting arms include shotguns, archery equipment, black powder arms, rifles, and pistols.

(7) An entity receiving a grant shall allow use of the facility by hunter education classes for no fee.

(8) A unit of local government or a school district shall compete on an equal basis with other applicants and shall provide access to its facility for a reasonable fee to any person holding or eligible to hold a Montana hunting license.
Mont. Code Ann. § 87-5-814 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-814
87-5-814 Big game and wildlife highway crossings and accommodations account -- purpose -- funds invested
Status: in_force

87-5-814 . Big game and wildlife highway crossings and accommodations account -- purpose -- funds invested. (1) There is a big game and wildlife highway crossings and accommodations state special revenue account in the state special revenue fund established in 17-2-102 administered by the department of fish, wildlife, and parks.

(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 highway crossing accommodations.

(3) There must be deposited in 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 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).

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

(6) Deposits to the account must be placed in short-term investments to accrue interest. The interest must be deposited in the account.
Mont. Code Ann. § 87-5-903 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-903
87-5-903 Definitions
Status: in_force

87-5-903 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Connectivity area" means an area that provides an important linkage among populations of sage grouse, particularly between core areas or priority populations in adjacent states and across international borders.

(2) "Conservation bank" means a site or group of sites established through an agreement with the United States fish and wildlife service to provide ecological functions and services expressed as credits that are conserved and managed for sage grouse habitat and populations and used to offset debits occurring elsewhere.

(3) "Core area" means an area that has the highest conservation value for sage grouse and has the greatest number of displaying male sage grouse and associated sage grouse habitat.

(4) "Credit" means a defined unit of trade representing the accrual or attainment of resource functions or value at a proposed project site.

(5) "Debit" means a defined unit of trade representing the loss of resource functions or value at an impact or project site. The unit of measure is the same as that for a credit within a specific mitigation system.

(6) "Department" means the department of natural resources and conservation.

(7) "General habitat" means an area providing habitat for sage grouse but not identified as a core area or connectivity area.

(8) "Habitat exchange" means a market-based system that facilitates the exchange of credits and debits between interested parties.

(9) "Habitat quantification tool" means the scientific method used to evaluate vegetation and environmental conditions related to the quality and quantity of sage grouse habitat and to quantify and calculate the value of credits and debits.

(10) "Oversight team" means the Montana sage grouse oversight team established in 2-15-243 .

(11) "Project developer" means an entity proposing an action that will result in a debit.

(12) "Sage grouse" means the greater sage-grouse (Centrocercus urophasianus).
Mont. Code Ann. § 87-6-718 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-718
87-6-718 Unlawful acquisition of furbearer
Status: in_force

87-6-718 . Unlawful acquisition of furbearer. (1) A person may not capture, take, or otherwise acquire a furbearer from the wild for use on a fur farm.

(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.

(3) 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. § 87-2-803 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-803
87-2-803 Licenses for persons with disabilities -- definitions
Status: in_force

87-2-803 . Licenses for persons with disabilities -- definitions. (1) Persons with disabilities who are residents of Montana not residing in an institution and are certified as disabled as prescribed by departmental rule may purchase the following for one-half the cost:

(a) a Class A fishing license;

(b) a Class A-1 upland game bird license;

(c) a Class A-3 deer A tag;

(d) a Class A-5 elk tag.

(2) A person who has purchased a conservation license and a resident fishing license, game bird license, deer tag, or elk tag for a particular license year and who is subsequently certified as disabled is entitled to a refund for one-half of the cost of the fishing license, game bird license, deer tag, or elk tag previously purchased for that license year.

(3) A person who is certified as disabled pursuant to subsection (4) and who was issued a permit to hunt from a vehicle for license year 2014 or a subsequent license year is automatically entitled to a permit to hunt from a vehicle for subsequent license years if the criteria for obtaining a permit do not change.

(4) A person may be certified as disabled by the department and issued a permit to hunt from a vehicle, on a form prescribed by the department, if the person meets the requirements of subsection (9).

(5) (a) A person with a disability carrying a permit to hunt from a vehicle, referred to in this subsection (5) as a permitholder, may hunt by shooting a firearm from:

(i) the shoulder, berm, or barrow pit right-of-way of a public highway, as defined in 61-1-101 , except a state or federal highway;

(ii) within a self-propelled or drawn vehicle that is parked on a shoulder, berm, or barrow pit right-of-way in a manner that will not impede traffic or endanger motorists or that is parked in an area, not a public highway, where hunting is permitted; or

(iii) an off-highway vehicle or snowmobile, as defined in 61-1-101 , in any area where hunting is permitted and that is open to motorized use, unless otherwise prohibited by law, as long as the off-highway vehicle or snowmobile is marked as described in subsection (5)(d) of this section.

(b) This subsection (5) does not allow a permitholder to shoot across the roadway of any public highway or to hunt on private property without permission of the landowner.

(c) A permitholder must have a companion to assist in immediately dressing any killed game animal. The companion may also assist the permitholder by hunting a game animal that has been wounded by the permitholder when the permitholder is unable to pursue and kill the wounded game animal.

(d) Any vehicle from which a permitholder is hunting must be conspicuously marked with an orange-colored international symbol of persons with disabilities on the front, rear, and each side of the vehicle, or as prescribed by the department.

(6) (a) A resident of Montana who is certified by the department as experiencing blindness, as defined in 53-7-301 , may be issued a lifetime fishing license for the blind on payment of a one-time fee of $10. The license is valid for the lifetime of the blind individual and allows the licensee to fish as authorized by department rule. A conservation license and an aquatic invasive species prevention pass are not prerequisites to licensure under this subsection (6)(a).

(b) A person who is certified by the department as experiencing blindness, as defined in 53-7-301 , may be issued regular resident deer and elk licenses, in the manner provided in subsection (1) of this section, and must be accompanied by a companion, as provided in subsection (5)(c) of this section.

(7) The department shall adopt rules to establish the qualifications that a person must meet to be a companion and may adopt rules to establish when a companion can be a designated shooter for a disabled person.

(8) As used in this section, "disabled person", "person with a disability", or "disabled" means or refers to a person experiencing a condition medically determined to be permanent and substantial and resulting in significant impairment of the person's functional ability.

(9) (a) A person qualifies for a permit to hunt from a vehicle if the person is certified by a licensed physician, a licensed chiropractor, a licensed physician assistant, or an advanced practice registered nurse to be nonambulatory, to have substantially impaired mobility, or to have a documented genetic condition that limits the person's ability to walk or carry significant weight for long distances.

(b) For the purposes of this subsection (9), the following definitions apply:

(i) "Advanced practice registered nurse" means a registered professional nurse who has completed educational requirements related to the nurse's specific practice role, as specified by the board of nursing pursuant to 37-8-202 , in addition to completing basic nursing education.

(ii) "Chiropractor" means a person who has a valid license to practice chiropractic in this state pursuant to Title 37, chapter 12, part 3.

(iii) "Documented genetic condition" means a diagnosis derived from genetic testing and confirmed by a licensed physician.

(iv) "Nonambulatory" means permanently, physically reliant on a wheelchair or a similar compensatory appliance or device for mobility.

(v) "Physician" means a person who holds a degree as a doctor of medicine or doctor of osteopathy and who has a valid license to practice medicine or osteopathic medicine in this state.

(vi) "Physician assistant" has the meaning provided in 37-20-401 .

(vii) "Substantially impaired mobility" means virtual inability to move on foot due to permanent physical reliance on crutches, canes, prosthetic appliances, or similar compensatory appliances or devices.

(10) Certification under subsection (9) must be on a form provided by the department.

(11) The department or a person who disagrees with a determination of disability or eligibility for a permit to hunt from a vehicle may request a review by the board of medical examiners pursuant to 37-3-203 .
Mont. Code Ann. § 87-1-712 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-712
87-1-712 Development of national bison range
Status: in_force

87-1-712 . Development of national bison range. Upon the acquisition or establishment of any such park in Lake County and Sanders County, the fish and wildlife service, United States department of the interior, agrees to develop, improve, and maintain the park for the display of such native big game animals as are available on the national bison range.
Mont. Code Ann. § 87-3-403 — MT Code / Title 87 / Chapter 3 / Part 4 / Section 87-3-403
87-3-403 Migratory game birds -- closed season and bag limits
Status: in_force

87-3-403 . Migratory game birds -- closed season and bag limits. Laws relating to migratory birds are prescribed by the regulations of the United States department of interior and the fish and wildlife service. Open season, bag limit, and other rules and regulations are announced each year by proclamation by the president of the United States. After each proclamation, the department by proper action will adopt, advertise, and enforce any proclaimed regulations as may be applicable to the state of Montana. A person who violates a provision of this section is subject to the provisions of 87-6-410 .
Mont. Code Ann. § 87-6-201 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-201
87-6-201 Violation of commission or department order or rule
Status: in_force

87-6-201 . Violation of commission or department order or rule. A person who purposely, knowingly, or negligently violates an order or rule of the commission or department shall be fined not less than $50 or more than $500. 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. § 87-6-601 — MT Code / Title 87 / Chapter 6 / Part 6 / Section 87-6-601
87-6-601 Trapping and snaring offenses
Status: in_force

87-6-601 . Trapping and snaring offenses. (1) A person may not use a trap or snare for the purpose of trapping or snaring a fur-bearing animal, a predatory animal, or a nongame species unless:

(a) the trap or snare is tagged with a metal tag bearing an individual identifying number issued by the department or the owner's name and address unless the person is trapping or snaring on the person's land or an irrigation ditch right-of-way contiguous to the person's land; and

(b) the trap or snare is set in a manner and at a time so that it will not unduly endanger livestock. A person who injures livestock in a trap or snare is liable for damages to the owner of the livestock.

(2) A person may not use a trap or snare for the purpose of trapping or snaring a fur-bearing animal, a predatory animal, or a nongame species on private property without obtaining permission from the landowner, the lessee, or their agents.

(3) A person may not at any time willfully destroy, open or leave open, or partially destroy a house of any muskrat or beaver, except that trapping in the house of muskrats is not prohibited when authorized by the commission.

(4) (a) A person may not destroy, disturb, or remove any trap or snare belonging to another person or remove wildlife from a trap or snare belonging to another person without permission of the owner of the trap or snare, except that from March 1 to October 1 of each year a person may remove any snare from land owned or leased by the person if the snare would endanger livestock.

(b) This subsection (4) does not apply to a law enforcement officer acting within the scope of the officer's duty.

(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, 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 the 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.

(6) 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. § 87-1-103 — MT Code / Title 87 / Chapter 1 / Part 1 / Section 87-1-103
87-1-103 Fines, bonds, and penalties
Status: in_force

87-1-103 . Fines, bonds, and penalties. All fines, bonds, and penalties mentioned in this title may be collected by civil action in the name of the state in any court of competent jurisdiction. All fines, bonds, and costs shall be collected without stay of execution.
Mont. Code Ann. § 87-2-520 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-520
87-2-520 Supplemental game damage license -- terms and conditions
Status: in_force

87-2-520 . Supplemental game damage license -- terms and conditions. (1) If at any time the department determines, in conjunction with a landowner or a designated lessee acting as an agent for a landowner, that game animals on the property are causing a level of damage to crops or other vegetation that merits removal of a specific number of game animals or that the taking of a specific number of game animals is advisable for game management purposes, the department may issue nontransferable resident and nonresident supplemental game damage hunting licenses for game management purposes on the property.

(2) Supplemental game damage hunting licenses may be issued only for antlerless animals and may be issued only for use on lands eligible for game damage assistance pursuant to 87-1-225 . A landowner may not charge a fee to a hunter using a license obtained pursuant to this section.

(3) Supplemental game damage licenses may be issued to hunters as an alternative to issuing a kill permit to a landowner.

(4) (a) In a hunting district with unlimited license quotas, a landowner may designate the resident supplemental game damage license recipient on approval of issuance, including a recipient who has obtained an apprentice certificate pursuant to 87-2-810 .

(b) In a hunting district with limited permit quotas, a landowner may designate up to 75% of the resident supplemental game damage license recipients, with the remainder of the licenses offered to hunters in a manner prescribed by the department.

(5) If additional supplemental game damage licenses are available, the department may issue those licenses to resident and nonresident hunters.

(6) A licensee shall pay the regular license price or an adjusted price set by the commission for any supplemental game management license issued pursuant to subsection (1). Issuance of a supplemental game damage license authorizes the licensee to hunt, take, and possess the game animal designated on the license. All hunting under a supplemental game damage license must be conducted on the property designated on the license and in accordance with department regulations.
Mont. Code Ann. § 87-5-606 — MT Code / Title 87 / Chapter 5 / Part 6 / Section 87-5-606
87-5-606 Confidentiality
Status: in_force

87-5-606 . Confidentiality. The identity of a person submitting information under the program and any information that may lead to the disclosure of such identity is confidential.
Mont. Code Ann. § 87-4-911 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-911
87-4-911 Sale of meat
Status: in_force

87-4-911 . Sale of meat. A licensee may sell game farm birds or parts thereof only in compliance with all health laws applicable to the sale of game meat.
Mont. Code Ann. § 87-5-209 — MT Code / Title 87 / Chapter 5 / Part 2 / Section 87-5-209
87-5-209 Destruction of eagles or predatory hawks and owls
Status: in_force

87-5-209 . Destruction of eagles or predatory hawks and owls. Predatory hawks and owls destroying livestock or poultry may be killed at any time by the livestock or poultry owners. Eagles may be killed in compliance with federal law and regulation.
Mont. Code Ann. § 87-2-311 — MT Code / Title 87 / Chapter 2 / Part 3 / Section 87-2-311
87-2-311 Free fishing weekends
Status: in_force

87-2-311 . Free fishing weekends. Each year on Father's Day and Mother's Day weekends, a person may fish for any fish within this state without obtaining a fishing license pursuant to this part as long as the person does so in accordance with any other law or regulation of the department in effect on that weekend.
Mont. Code Ann. § 87-1-224 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-224
87-1-224 Destruction of beaver and beaver dams for protection of public health
Status: in_force

87-1-224 . Destruction of beaver and beaver dams for protection of public health. (1) When a complaint is made to the department of environmental quality that beaver are obstructing the free flow of a stream flowing through a settled area and into which stream sewage of a town or city is dumped and the obstruction endangers public health, the department of environmental quality shall immediately investigate the complaint. If it finds that the work of the beaver endangers public health, it shall report the facts to the department.

(2) The department shall immediately issue a permit, free of charge, to the landowner upon whose land the beaver dams are located for the removal of the beaver, the number of which must be designated by the warden making the inspection. The landowner shall remove all beaver and beaver dams as provided by the permit within 10 days after its issuance. If the landowner refuses to remove the beaver or the dams in the 10-day period or if the landowner does not desire to do so and so advises the department, then the department may remove the beaver by trapping or transplanting and remove their dam by blasting or other means.

(3) The department shall furnish all labor needed to blast out or otherwise remove the beaver dams. Necessary explosives must be furnished by the county in which the beaver dams are located.
Mont. Code Ann. § 87-5-917 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-917
87-5-917 Operations and maintenance exempt
Status: in_force

87-5-917 . Operations and maintenance exempt. (1) Permitting and authorizing agencies and the oversight team shall cooperate to designate as exempt from the habitat quantification tool certain operations and maintenance activities that require a permit or other authorization from a state agency.

(2) Operations and maintenance activities that are exempt from the habitat quantification tool pursuant to subsection (1) may still be subject to stipulations of a sage grouse conservation strategy adopted by the governor through executive order or a policy, rule, or regulation adopted by the oversight team.
Mont. Code Ann. § 87-3-131 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-131
87-3-131 Regulation of grizzly bear parts
Status: in_force

87-3-131 . Regulation of grizzly bear parts. A person who is responsible for the death of a grizzly bear shall deliver all parts of the grizzly bear required by department or commission regulation for scientific purposes to an officer or employee of the department for inspection as soon as possible after removal, and the department shall return to the person any bone structure and skull within 1 year upon written request. The hide must be returned immediately.
Mont. Code Ann. § 87-2-526 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-526
87-2-526 License for nonresident to hunt with resident sponsor or family member -- use of license revenue
Status: in_force

87-2-526 . License for nonresident to hunt with resident sponsor or family member -- use of license revenue. (1) The department may offer for sale 500 B-10 nonresident big game combination licenses, 500 B-11 nonresident deer combination licenses, and 500 nonresident elk-only combination licenses that must be used as provided in this section and as authorized by department rules. Sale of licenses pursuant to this section does not affect the license quotas established for Class B-10 and Class B-11 licenses in 87-2-505 and 87-2-510 or the number of nonresident elk-only combination licenses available pursuant to 87-2-511 . The price of licenses sold under this subsection is one-half of the fee set for the equivalent license in 87-2-505 , 87-2-510 , or 87-2-511 .

(2) A license authorized in subsection (1) may be used only by an adult nonresident family member of a resident who sponsors the license application and who meets the qualifications of subsection (3). The nonresident family member must have completed a Montana hunter safety and education course and have previously purchased a resident hunting license. A nonresident family member who receives a license pursuant to subsection (1) must be accompanied in the field by a sponsor or family member who meets the qualifications of subsection (3).

(3) To qualify as a sponsor or family member who will accompany a nonresident licensed under subsection (1), a person must be a resident, as defined in 87-2-102 , who is 18 years old or older and possesses a current resident hunting license and who is related to the nonresident within the second degree of kinship by blood or marriage. The second degree of kinship includes a mother, father, brother, sister, son, daughter, spouse, grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, daughter-in-law, father-in-law, mother-in-law, stepfather, stepmother, stepbrother, stepsister, stepson, and stepdaughter. The sponsor shall list on the license application the names of family members who are eligible to hunt with the nonresident hunter.

(4) If the department receives more applications for licenses than the number that are available under subsection (1), the department shall conduct a drawing for the licenses. Applicants who are unsuccessful in the drawing must be entered in the general drawing for a nonresident license provided under 87-2-505 or 87-2-510 , as applicable.

(5) All money received from the sale of licenses under subsection (1) must be deposited in a separate account and must be used by the department to acquire public hunting access to inaccessible public land, which may include obtaining hunting access through private land to inaccessible public land.
Mont. Code Ann. § 87-5-701 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-701
87-5-701 Purpose
Status: in_force

87-5-701 . Purpose. The legislature finds that in order to protect Montana's native wildlife and plant species, livestock, horticultural, forestry, and agricultural production, and human health and safety, it is necessary to regulate the importation for introduction and the transplantation or introduction of wildlife in the state and to regulate the importation, transplantation, possession, and sale of exotic wildlife. Serious threats, known and unknown, from the introduction of wildlife and exotic wildlife into Montana necessitate the regulation of the importation for introduction and the transplantation or introduction of wildlife and regulation of the importation, transplantation, possession, and sale of exotic wildlife unless it can be shown that no harm will result from the importation, transplantation, possession, sale, or introduction. Any importation, transplantation, possession, sale, or introduction permitted must be conducted in a manner to ensure that wildlife or exotic wildlife can be controlled if harm arises from unforeseen effects.
Mont. Code Ann. § 87-2-130 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-130
87-2-130 Aquatic invasive species prevention pass
Status: in_force

87-2-130 . Aquatic invasive species prevention pass. (1) Except as provided in 87-2-803 (6), to be eligible to fish in Montana or to apply for a fishing license or a combination license that includes a fishing license, a person who is 16 years of age or older must first obtain an aquatic invasive species prevention pass as provided in this section. The pass must be purchased once each license year.

(2) Resident aquatic invasive species prevention passes may be purchased for a fee of $2.

(3) Nonresident aquatic invasive species prevention passes may be purchased for a fee of $7.50.
Mont. Code Ann. § 87-3-145 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-145
87-3-145 Permit to salvage game animals
Status: in_force

87-3-145 . Permit to salvage game animals. (1) A peace officer may issue permits to applicants for the purpose of salvaging antelope, deer, elk, or moose that have been accidentally killed as a result of a vehicle collision.

(2) For purposes of this section, "peace officer" means a sheriff, deputy sheriff, undersheriff, police officer, highway patrol officer, fish and game warden, park ranger, campus security officer, or airport police officer.
Mont. Code Ann. § 87-1-613 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-613
87-1-613 Agreements for use of fund -- department as trustee
Status: in_force

87-1-613 . Agreements for use of fund -- department as trustee. (1) The department may enter into agreements with persons or entities committing money to the fish and wildlife mitigation trust fund concerning the purpose and manner of use of the money from the fish and wildlife mitigation trust fund.

(2) The department is the trustee of the fish and wildlife mitigation trust fund and is responsible for its administration and use.
Mont. Code Ann. § 87-1-213 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-213
87-1-213 Wildlife location data and telemetry frequencies -- data-sharing agreements
Status: in_force

87-1-213 . Wildlife location data and telemetry frequencies -- data-sharing agreements. (1) Except as provided in subsections (2) through (5) or as otherwise provided by law, the department may not release wildlife location data or telemetry frequencies, whether collected by the department or held by the department, of hunted or trapped animals.

(2) Wildlife location data used as part of a study that includes a completion report may be released 1 year after the completion of the study and report.

(3) Wildlife location data that is not used as part of a study may be released 1 year after the department collects or acquires the data.

(4) The department may release wildlife location data for environmental permitting activities.

(5) Subject to the restrictions in subsections (2) and (3), the department may share wildlife location data with project partners and other government agencies through data-sharing agreements.
Mont. Code Ann. § 87-3-208 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-208
87-3-208 Regulation of placing of caged fish
Status: in_force

87-3-208 . Regulation of placing of caged fish. The department shall have the authority to regulate the placing of caged fish in public waters to protect the recreational and aesthetic use of such water from pollution, excessive private use, and the introduction of disease.
Mont. Code Ann. § 87-5-916 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-916
87-5-916 Compensatory mitigation reduction or waiver
Status: in_force

87-5-916 . Compensatory mitigation reduction or waiver. (1) Except as provided in subsection (3), the oversight team shall consider on a case-by-case basis requests for a reduction in or waiver of compensatory mitigation based upon an assessment including but not limited to the following:

(a) a project that is located at least six-tenths of a mile from the center of an active lek but for which it is economically infeasible to be located more than 2 miles from the center of an active lek;

(b) the economic benefit to the local community and the project developer;

(c) whether the project is undertaken and completed outside of the sage grouse mating season; or

(d) whether the project involves one-time construction and does not require ongoing disturbance once completed, except for occasional routine maintenance of existing facilities.

(2) The oversight team shall provide a summary of the reasons why a reduction in or waiver of compensatory mitigation is approved or denied.

(3) Compensatory mitigation may be waived for opencut operations located outside of core areas and at least six-tenths of a mile from the center of an active lek if the permit pursuant to 82-4-431 is held by a county, city, or town in the state.
Mont. Code Ann. § 87-1-270 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-270
87-1-270 Allocation of license fees to hunting access programs
Status: in_force

87-1-270 . Allocation of license fees to hunting access programs. (1) Except as provided in 87-2-514 and 87-2-805 (3), the department shall use $55 from the sale of each Class B-1 nonresident upland game bird license and $25 from the sale of each Class B-2 3-day nonresident upland game bird license to encourage public access to private lands for hunting purposes in accordance with 87-1-265 .

(2) The department shall use the hunting access fees collected pursuant to 87-2-116 to encourage public access to private and public lands for hunting purposes in accordance with 87-1-265 .
Mont. Code Ann. § 87-2-106 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-106
87-2-106 Application for license
Status: in_force

87-2-106 . Application for license. (1) A license may be procured from the director, a warden, or an authorized agent of the director. The applicant shall state the applicant's name, age, [last four digits of the applicant's social security number,] street address of permanent residence, mailing address, qualifying length of time as a resident in the state of Montana, and status as a citizen of the United States or as an alien and other facts, data, or descriptions as may be required by the department. An applicant for a resident license shall present a valid Montana driver's license, Montana driver's examiner's identification card, tribal identification card, or other identification specified by the department to substantiate the required information. It is the applicant's burden to provide documentation establishing the applicant's identity and qualifications to purchase a license. Except as provided in subsections (2) through (4), the statements made by the applicant must be subscribed to by the applicant.

(2) Except as provided in subsection (3), department employees or officers may issue licenses by telephone, by mail, on the internet, or by other electronic means.

(3) To apply for a license under the provisions of 87-2-102 (7), the applicant shall apply to the director and shall subscribe to fulfillment of the requirements of 87-2-102 (7). The director shall process the application in an expedient manner.

(4) A resident may apply for and purchase a conservation license, hunting license, or fishing license for the resident's spouse, parent, child, brother, or sister who is otherwise qualified to obtain the license.

(5) A license is void unless subscribed to by the licensee.

(6) A person whose privilege to hunt, fish, or trap has been revoked is not eligible to purchase any license until all terms of the court sentence in which the privilege was revoked, including making restitution, have been met or the person is in compliance with installment payments specified by the court and the department has received notification from the sentencing court to that effect pursuant to 87-6-922 (2).

[(7) The department shall keep the applicant's social security number confidential, except that the number may be provided to the department of public health and human services for use in administering Title IV-D of the Social Security Act.]

(8) The department shall delete an applicant's social security number in any electronic database [5 years after the date that application is made for the most recent license]. (Bracketed language terminates or is amended on occurrence of contingency--sec. 3, Ch. 321, L. 2001.)
Mont. Code Ann. § 87-6-717 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-717
87-6-717 Owning, controlling, or propagating furbearers without license
Status: in_force

87-6-717 . Owning, controlling, or propagating furbearers without license. A person who owns, controls, or propagates furbearers in violation of 87-4-1002 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. § 87-3-224 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-224
87-3-224 Enforcement
Status: in_force

87-3-224 . Enforcement. The cargo and vehicle involved in a violation of 87-6-219 (1)(b) and 87-3-210 or 87-3-221 through 87-3-223 may, at the option of the department, either be denied the right to proceed further within the state of Montana or be quarantined until inspected by a designated biologist from the department. The department shall inform the department of transportation of the provisions regarding importation of salmonid and nonsalmonid fish and eggs so that the department of transportation may enforce the provisions at ports of entry and checking stations under 60-2-303 .
Mont. Code Ann. § 87-1-277 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-277
87-1-277 Shooting range development grants
Status: in_force

87-1-277 . Shooting range development grants. A private shooting club, private organization, unit of local government, or school district may seek a grant for a shooting range development project.
Mont. Code Ann. § 87-1-259 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-259
87-1-259 Funding for river restoration account
Status: in_force

87-1-259 . Funding for river restoration account. The amount of money specified in this section from the sale of each of the following licenses must be deposited in the account provided for in 87-1-258 :

(1) Class A--resident fishing license, 50 cents;

(2) Class B--nonresident fishing license, $1; and

(3) Class AAA--combination sports license, 50 cents.
Mont. Code Ann. § 87-2-521 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-521
87-2-521 Class D-3--resident hound training license
Status: in_force

87-2-521 . Class D-3--resident hound training license. A person who is a resident, as defined in 87-2-102 , and 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 $5, may receive a Class D-3 hound training license that entitles the holder to use a dog or dogs to aid in pursuing mountain lions, bobcats, or black bears during a training season established in 87-6-404 (4).
Mont. Code Ann. § 87-6-412 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-412
87-6-412 Turkey tagging offenses
Status: in_force

87-6-412 . Turkey tagging offenses. (1) A person who kills, captures, or possesses a wild turkey by authority of any turkey tag or permit:

(a) shall validate the tag either electronically in accordance with rules adopted pursuant to 87-2-119 or by cutting out from the license or tag the date the turkey was killed prior to the person leaving or the turkey being removed from the site of the kill;

(b) shall keep the license or tag accompanying the turkey while the turkey is in the person's possession unless the license or tag was electronically validated; and

(c) may not validate pursuant to subsection (1)(a) a turkey license or tag that is restricted to a hunting district other than the hunting district where the turkey was killed.

(2) 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. § 87-4-427 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-427
87-4-427 Revocation of license -- criteria -- penalties
Status: in_force

87-4-427 . Revocation of license -- criteria -- penalties. (1) The department may revoke any alternative livestock ranch license or impose any of the penalties or conditions specified in subsection (3) if the licensee or the principal manager has committed or is responsible for any of the following acts or omissions:

(a) failure to operate an alternative livestock ranch according to the provisions of this part, rules adopted under this part, or stipulations of the alternative livestock ranch license;

(b) making a materially false statement in the license application;

(c) having pleaded guilty to or been convicted of a felony, including a case in which the sentence is suspended or imposition of the sentence is deferred, unless civil rights have been restored pursuant to law;

(d) two convictions or bond forfeitures of $100 or more for violations of the fish and game laws or applicable regulations of any state or the United States within the preceding 5 years;

(e) negligent or willful misconduct of the alternative livestock ranch operation, including but not limited to the unauthorized egress and ingress of game animal species or alternative livestock that:

(i) threatens public safety;

(ii) endangers native game animal populations or habitat through the establishment of feral populations, genetic pollution, or competition for forage or habitat; or

(iii) increases the risk of transmission of disease to native wildlife and the alternative livestock of others;

(f) a material and willful falsification of any required alternative livestock ranch records or reports;

(g) the purposeful capture of wild animals within the perimeter fence of an alternative livestock ranch;

(h) repeated failure to maintain or repair required fences or facilities; or

(i) any other willful conduct or omission that creates a substantial threat to other alternative livestock and operators or to native wildlife or habitat.

(2) If misconduct under subsection (1)(e) is negligent, the licensee must be given notice and 30 days to correct the misconduct and any adverse impacts of the misconduct. Negligent misconduct may be grounds for license revocation only if the misconduct is not corrected after the initial notice or if the misconduct is repeated.

(3) If the department finds, after opportunity for a hearing required under 87-4-428 , that an alternative livestock ranch licensee or the principal manager is responsible for any act or omission set out in subsection (1), the department may in its discretion impose any one or more of the following penalties upon the licensee:

(a) revocation of the alternative livestock ranch license for up to 5 years;

(b) imposition of a civil penalty not to exceed $5,000, restoration of any damage to native wildlife, or both;

(c) deferral of the revocation of a license subject to the completion of or adherence to specified conditions; or

(d) reprimand of a licensee.

(4) In addition to the revocation of a license or other penalties allowed by this section, a person who purposely or knowingly violates this part or a rule adopted pursuant to this part is subject to the penalties provided in 87-6-705 .
Mont. Code Ann. § 87-5-703 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-703
87-5-703 Applicability to other provisions for importation or introduction of wildlife
Status: in_force

87-5-703 . Applicability to other provisions for importation or introduction of wildlife. Sections 87-5-701 through 87-5-704 , 87-5-711 , 87-5-713 through 87-5-716 , and 87-5-721 do not apply to the provisions on importation or introduction of wildlife contained in the following laws:

(1) Title 80;

(2) 87-3-208 and 87-6-219 (1)(a);

(3) 87-3-221 through 87-3-224 or 87-3-210 , 87-3-225 through 87-3-227 , and 87-6-219 (1)(b);

(4) 87-4-422 ;

(5) 87-5-112 ;

(6) 87-5-205 ;

(7) 87-5-302 ; or

(8) Title 81, chapter 2.
Mont. Code Ann. § 87-1-101 — MT Code / Title 87 / Chapter 1 / Part 1 / Section 87-1-101
87-1-101 Definitions
Status: in_force

87-1-101 . Definitions. Unless the context requires otherwise, in this title the following definitions apply:

(1) "Board" means the state parks and recreation board provided for in 2-15-3406 .

(2) "Commission" means the fish and wildlife commission provided for in 2-15-3402 .

(3) "Department" means the department of fish, wildlife, and parks provided for in Title 2, chapter 15, part 34.

(4) "Director" means the director of fish, wildlife, and parks provided for in 2-15-3401 .

(5) "Warden" means a state fish and game warden.
Mont. Code Ann. § 87-5-801 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-801
87-5-801 Short title
Status: in_force

87-5-801 . Short title. This part may be cited as the "Kelly Flynn Montana Wildlife Habitat Improvement Program and Legacy Act".
Mont. Code Ann. § 87-4-521 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-521
87-4-521 Duration of season
Status: in_force

87-4-521 . Duration of season. The season established for shooting preserves is the 7-month period beginning September 1 and ending March 31.
Mont. Code Ann. § 87-6-407 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-407
87-6-407 Unlawful transfer of harvested game
Status: in_force

87-6-407 . Unlawful transfer of harvested game. A person who purposely, knowingly, or negligently violates 87-3-310 regarding the transfer of possession of harvested game shall be fined not less than $50 or more than $500. 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. § 87-1-257 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-257
87-1-257 River restoration program
Status: in_force

87-1-257 . River restoration program. (1) The department shall administer a river restoration program.

(2) The program may consist of physical projects to improve rivers and their associated lands in order to conserve and enhance fish and wildlife habitat, including but not limited to a change in appropriation right or leasing of water rights under 85-2-436 .

(3) The department shall work cooperatively with individuals, conservation districts, and state, local, private, tribal, and federal organizations to achieve the goals of the program and may contract with private organizations to implement specific river restoration projects.

(4) The department shall present projects to the local conservation district for review and recommendations and obtain any applicable permits.

(5) The department shall receive the consent of the landowner or lessee of any associated lands before initiating physical projects on these lands.

(6) A project conducted under the program may not restrict or interfere with the exercise of any water right.
Mont. Code Ann. § 87-5-812 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-812
87-5-812 Land and wildlife stewardship state special revenue account
Status: in_force

87-5-812 . Land and wildlife stewardship state special revenue account. (1) There is a land and wildlife stewardship 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, together with the interest and income from the money, only as funding:

(a) to secure wildlife habitat pursuant to 87-1-209 ;

(b) for state water projects up to $4 million per fiscal year in coordination with the department of natural resources and conservation; or

(c) for any conservation projects that include a public access component.

(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. (Subsection (2)(b) terminates June 30, 2033--sec. 16, Ch. 758, L. 2025.)
Mont. Code Ann. § 87-4-502 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-502
87-4-502 Location and posting of preserves
Status: in_force

87-4-502 . Location and posting of preserves. Operating licenses or permits may be issued to any person, partnership, association, or corporation for the operation of shooting preserves that meet the following requirements:

(1) Each shooting preserve must be restricted to private property.

(2) The exterior boundaries of each shooting preserve must be clearly defined and posted with signs erected around the extremity at intervals of one-quarter mile. Each shooting preserve must have a minimum of two signs regardless of the size of the preserve.
Mont. Code Ann. § 87-4-302 — MT Code / Title 87 / Chapter 4 / Part 3 / Section 87-4-302
87-4-302 Records and inspection
Status: in_force

87-4-302 . (Temporary) Records and inspection. (1) A fur dealer shall keep a book in which shall be recorded separately on the date of each transaction the following facts:

(a) the number and kind of all skins or pelts purchased or sold by the fur dealer;

(b) the place where the skins or furs were killed or trapped and a separate record of all the skins or pelts as were killed or trapped outside this state;

(c) the trapping license number under which the furs or pelts were taken in cases where a trapper's license is required;

(d) the names and addresses of the persons to whom the skins or pelts were sold or from whom they were purchased.

(2) This book shall be open at all reasonable times to the inspection of the director or any warden or any United States game warden and shall be preserved and accessible for 1 year after the expiration of any license granted to the fur dealer.
Mont. Code Ann. § 87-1-611 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-611
87-1-611 Fish and wildlife mitigation trust fund created
Status: in_force

87-1-611 . Fish and wildlife mitigation trust fund created. (1) There is established, separate and apart from all public money or funds of this state, a fund to be known as the fish and wildlife mitigation trust fund. The fund must be administered by the department.

(2) The fund consists of:

(a) money received under written agreements, contracts, or authorizations with the department made for the purpose of fish and wildlife mitigation or enhancement;

(b) any gift, donation, grant, legacy, bequest, or devise made for the purpose of fish and wildlife mitigation or enhancement;

(c) any interest, earnings, or income of the fund; and

(d) any property or easements acquired through the expenditure of money from the fund.
Mont. Code Ann. § 87-3-308 — MT Code / Title 87 / Chapter 3 / Part 3 / Section 87-3-308
87-3-308 Development of maps identifying land ownership boundaries
Status: in_force

87-3-308 . Development of maps identifying land ownership boundaries. In recognition of potential problems associated with identifying property boundaries in the field when seeking permission for hunting, the department shall work cooperatively with all state and federal land management agencies, state and local organizations representing hunters, state and local landowner organizations, and other interested persons to develop accurate land ownership maps that identify land ownership boundaries in the state.
Mont. Code Ann. § 87-1-709 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-709
87-1-709 Cooperation with United States for wildlife restoration
Status: in_force

87-1-709 . Cooperation with United States for wildlife restoration. The department, in the name of the state and with the approval of the governor, shall have the power to enter into the cooperative agreements on federally owned lands with the government of the United States or some department or bureau thereof or with an individual or individuals, private corporations, or partnerships for the purpose of carrying on any wildlife restoration project and established under the provisions of said Pittman-Robertson Act of the congress of the United States and shall have the power to acquire by purchase, either for cash or upon installments, or lease or by gift or devise, either individually or in conjunction with the government of the United States or some department or bureau thereof, such lands or other property or interests therein as may be necessary for the purpose of carrying on any wildlife restoration project created and established under the provisions of said Pittman-Robertson Act of the congress of the United States. The state of Montana does reserve to itself, acting through its legislature, the right to direct the department to abandon any wildlife restoration projects created and established as the state of Montana may in its judgment think proper, provided the department shall have no power to exercise the right of eminent domain to condemn or acquire property under 87-1-708 through 87-1-710 .
Mont. Code Ann. § 87-6-713 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-713
87-6-713 Unlawful taking of fish or aquatic organism
Status: in_force

87-6-713 . Unlawful taking of fish or aquatic organism. (1) A person may not take fish or aquatic organisms for commercial purposes without obtaining a permit from the department pursuant to 87-4-609 .

(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.

(3) 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. § 87-2-714 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-714
87-2-714 Landowner preference for Class B-10 nonresident big game combination license
Status: in_force

87-2-714 . (Temporary) Landowner preference for Class B-10 nonresident big game combination license. (1) Subject to the provisions of subsection (6), 15% of licenses issued under 87-2-505 may be placed in a landowner preference pool for nonresident landowners to hunt only on property the landowner owns in fee title or on other private property the landowner leases to produce a crop as defined in 80-8-102 .

(2) A nonresident landowner of record may designate an immediate family member to receive the license issued under this section. For purposes of this section, an immediate family member means a spouse, parent, grandparent, child, grandchild, sibling, niece, or nephew of the landowner by blood, marriage, or legal adoption.

(3) (a) To qualify to receive a Class B-10 license pursuant to this section, the landowner must own at least 2,500 contiguous acres in fee title. Subject to the provisions of subsections (3)(b) and (5), for each additional 2,500 contiguous acres owned by the landowner, the department may issue to the landowner or the landowner's immediate family members an additional Class B-10 license up to a maximum of five Class B-10 licenses per qualifying landowner.

(b) An individual may not hold more than one Class B-10 license.

(4) Applicants must pay the full Class B-10 license fee established in 87-2-505 .

(5) If there is a sufficient number of licenses set forth in subsection (1) and multiple applications made per qualifying landowner, the department shall issue one license to each qualifying landowner or the landowner's immediate family member before it issues a second or subsequent license to any landowner or the landowner's immediate family member. All Class B-10 licenses not issued pursuant to this section shall be returned to the general draw pool available to all applicants pursuant to 87-2-505 .

(6) The commission may, by rule, limit the overall number of licenses that can be provided to landowners or their immediate family members pursuant to this section to less than 15% of those available pursuant to 87-2-505 .

(7) A landowner who receives a license pursuant to this section and who was enrolled in a department-administered private land hunting access program in the previous license year may purchase an additional bonus point for an elk or deer license or permit drawing for the fee established in 87-2-113 .
Mont. Code Ann. § 87-1-242 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-242
87-1-242 Funding for wildlife habitat
Status: in_force

87-1-242 . Funding for wildlife habitat. (1) The amount of money specified in this subsection from the sale of each hunting license or permit listed must be used exclusively by the commission to secure, develop, and maintain wildlife habitat, subject to appropriation by the legislature:

(a) Class B-10, nonresident combination, $77;

(b) Nonresident antelope, $20;

(c) Nonresident moose, $20;

(d) Nonresident mountain goat, $20;

(e) Nonresident mountain sheep, $20;

(f) Class D-1, nonresident mountain lion, $20;

(g) Nonresident black bear, $20;

(h) Nonresident wild turkey, $10;

(i) Class AAA, combination sports, $7;

(j) Class B-11 nonresident deer combination, $200.

(2) Twenty percent of any increase in the fee for the Class B-7 license or any license or permit listed in subsection (1) must be allocated for use as provided in subsection (1).

(3) Eighty percent of the money allocated by this section, together with the interest and income from the money, must be used to secure wildlife habitat pursuant to 87-1-209 .

(4) Twenty percent of the money allocated by this section must be used as follows:

(a) up to 50% a year may be used for development and maintenance of real property used for wildlife habitat; and

(b) the remainder and any money not allocated for development and maintenance under subsection (4)(a) by the end of each odd-numbered fiscal year must be credited to the account created by 87-1-601 (5) for use in the manner prescribed for the development and maintenance of real property used for wildlife habitat.
Mont. Code Ann. § 87-6-206 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-206
87-6-206 Unlawful sale of game fish, bird, game animal, or fur-bearing animal
Status: in_force

87-6-206 . Unlawful sale of game fish, bird, game animal, or fur-bearing animal. (1) A person may not purposely or knowingly sell, purchase, or exchange all or part of any game fish, bird, game animal, or fur-bearing animal.

(2) The value of the game fish, bird, game animal, or fur-bearing animal must be determined from the schedules of restitution values set out in 87-6-906 and 87-6-907 . The value of game fish, birds, game animals, or fur-bearing animals that are sold, purchased, or exchanged pursuant to a common scheme, as defined in 45-2-101 , or as part of the same transaction, as defined in 46-1-202 , may be aggregated in determining the value.

(3) This section does not prohibit the:

(a) sale, purchase, or exchange of hides, heads, or mounts of game fish, birds, game animals, or fur-bearing animals that have been lawfully killed, captured, or taken, except that the sale or purchase of a hide, head, or mount of a grizzly bear is prohibited, except as provided by federal law;

(b) sale, purchase, or exchange of naturally shed antlers or the antlers with a skull or portion of a skull attached from a game animal that has died from natural causes and that has not been unlawfully killed, captured, or taken or accidentally killed;

(c) sale, purchase, or exchange of the bones of an elk, antelope, moose, or deer that has died from natural causes and that has not been unlawfully killed, captured, or taken or accidentally killed; or

(d) sale, purchase, or exchange of captive-reared migratory waterfowl.

(4) If a person is convicted or forfeits bond or bail after being charged with a violation of this section and if the value of all or part of the game fish, bird, game animal, or fur-bearing animal or combination thereof does not exceed $1,000, then the person 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 or permit issued by this state and the privilege to hunt, fish, or trap in this state for a period set by the court.

(5) If a person is convicted or forfeits bond or bail after being charged with a violation of this section and if the value of all or part of the game fish, bird, game animal, or fur-bearing animal or combination thereof exceeds $1,000, then the person 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 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.

(6) As used in this section:

(a) "lawfully killed, captured, or taken" means killed, captured, or taken in conformance with this title, the regulations adopted by the commission, and the rules adopted by the department under authority of this title; and

(b) "unlawfully killed, captured, or taken" means not lawfully killed, captured, or taken.
Mont. Code Ann. § 87-4-705 — MT Code / Title 87 / Chapter 4 / Part 7 / Section 87-4-705
87-4-705 Noncompliance with law
Status: in_force

87-4-705 . Noncompliance with law. It is unlawful for a person to have in the person's possession and offer for sale or sell any game or game birds without having complied with the provisions of 87-4-704 relating to the keeping of a record and shipping and transportation receipts.
Mont. Code Ann. § 87-4-503 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-503
87-4-503 Fees
Status: in_force

87-4-503 . Fees. Fees for shooting preserve licenses or permits are $250 and are valid until February 28 of the fifth year following the year of issuance, unless otherwise revoked. Application for renewal must be made before a license expires. The department shall renew the license upon payment of the license fee if the licensee has complied with all recording and reporting requirements.