Mont. Code Ann. § 87-5-203 — MT Code / Title 87 / Chapter 5 / Part 2 / Section 87-5-203
87-5-203 Regulation of raptors
Status: in_force

87-5-203 . Regulation of raptors. A person may not at any time hunt, capture, kill, possess, purchase, offer or expose for sale, or transport a raptor except as provided in this part.
Mont. Code Ann. § 87-4-417 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-417
87-4-417 Records and reporting -- rules
Status: in_force

87-4-417 . Records and reporting -- rules. (1) Each alternative livestock ranch licensee shall keep and maintain for 3 years accurate written records of all alternative livestock purchases, transfers, sales, births, and deaths, on forms provided by the department, showing:

(a) the number of each species of alternative livestock purchased by the alternative livestock ranch licensee and from whom purchased;

(b) the number of each species of alternative livestock transferred or sold, the date of transfer or sale, and the name and address of the person to whom the transfer or sale was made; and

(c) individual identification of each alternative livestock that was purchased, transferred, sold, or born or that died. However, a calf or fawn that dies prior to being marked pursuant to 87-4-414 (4) need not be identified.

(2) Unless a different reporting frequency has been established pursuant to subsection (3), within 2 weeks after January 1 and July 1 of each year, the alternative livestock ranch licensee shall file a report with the department, showing the number and species of alternative livestock that were on hand as of January 1 and July 1 and the number and species of alternative livestock that escaped, that were bought, sold, transferred, recaptured, or born, or that died during the reporting period.

(3) The department may establish by rule the conditions under which the frequency of reporting requirements may be reduced to one report a year or increased to three reports a year. The department may establish by rule the conditions under which a licensee may submit an abbreviated report. In adopting those rules, the department shall consider the number of animals present on an alternative livestock ranch, the number of reported transactions during previous reporting periods, a history of accurate recordkeeping, and a historical absence of violations.
Mont. Code Ann. § 87-1-901 — MT Code / Title 87 / Chapter 1 / Part 9 / Section 87-1-901
87-1-901 Gray wolf management -- rulemaking -- reporting
Status: in_force

87-1-901 . Gray wolf management -- rulemaking -- reporting. (1) Except as provided in subsection (3), the commission shall establish by rule hunting and trapping seasons for wolves with the intent to reduce the wolf population in this state to a sustainable level, but not less than the number of wolves necessary to support at least 15 breeding pairs. Trapping seasons must allow for the use of snares by the holder of a trapping license.

(2) For game management purposes, the commission shall apply different management techniques depending on the conditions in each administrative region, with the most liberal harvest regulations applied in regions with the greatest number of wolves. In doing so, the commission may authorize:

(a) the issuance of more than one Class E-1 or Class E-2 wolf hunting license to an applicant;

(b) the trapping or snaring of more than one wolf by the holder of a trapping license;

(c) the harvest of an unlimited number of wolves by the holder of a single wolf hunting or wolf trapping license;

(d) during the wolf trapping season, the use of bait while hunting or trapping wolves as long as no trap or snare trap is set within 30 feet of exposed bait visible from above; and

(e) the hunting of wolves on private lands outside of daylight hours with the use of artificial light, night vision scopes, infrared scopes, or thermal imagery scopes.

(3) The commission shall adopt rules to allow a landowner or the landowner's agent to take a wolf on the landowner's property at any time without the purchase of a Class E-1 or Class E-2 wolf license when the wolf is a potential threat to human safety, livestock, or dogs. The rules must:

(a) be consistent with the Montana gray wolf conservation and management plan and the adaptive management principles of the commission and the department for the Montana gray wolf population;

(b) require a landowner or the landowner's agent who takes a wolf pursuant to this subsection (3) to promptly report the taking to the department and to preserve the carcass of the wolf;

(c) establish a quota each year for the total number of wolves that may be taken pursuant to this subsection (3); and

(d) allow the commission to issue a moratorium on the taking of wolves pursuant to this subsection (3) before a quota is reached if the commission determines that circumstances require a limitation of the total number of wolves taken.

(4) Public land permittees who have experienced livestock depredation must obtain a special kill permit authorized in 87-5-131 (3)(b) to take a wolf on public land without the purchase of a Class E-1 or Class E-2 license.

(5) The department shall report annually to the environmental quality council in accordance with 5-11-210 regarding the implementation of 87-5-131 , 87-5-132 , and this section.
Mont. Code Ann. § 87-6-312 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-312
87-6-312 Offense of noncompliance in Montana
Status: in_force

87-6-312 . Offense of noncompliance in Montana. A person who hunts, fishes, traps, purchases licenses, or refuses to surrender any current hunting, fishing, or trapping license in violation of 87-6-919 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. § 87-5-915 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-915
87-5-915 Existing land uses and activities exempt
Status: in_force

87-5-915 . Existing land uses and activities exempt. (1) Existing land uses and activities are recognized and respected, and those uses and activities, including those authorized by permit but not yet conducted, that existed as of September 8, 2015, may not be managed under the 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. Those existing land uses and activities may continue within an existing defined project boundary even if they exceed the stipulations of those documents. However, permitting agencies shall apply seasonal use restrictions, as necessary, for discretionary activities at existing land use sites.

(2) For the purposes of this section, the term:

(a) "defined project boundary" includes but is not limited to a right-of-way, easement corridor, recognized oil and gas unit, drilling and spacing unit, mine plan, and subdivision plat; and

(b) "existing land uses and activities" means those uses and activities that require a permit or other authorization from a state agency to be conducted and includes but is not limited to railroads, oil and gas, mining, agriculture, processing facilities, power lines, telecommunications facilities, including wire and fiber optic cable, housing, and operations and maintenance activities of existing energy systems that occur within a defined project boundary.
Mont. Code Ann. § 87-4-1003 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1003
87-4-1003 Application for license
Status: in_force

87-4-1003 . Application for license. (1) A person desiring to obtain a fur farm license shall make a written application to the department. The application must specify:

(a) the name of the applicant;

(b) the applicant's address;

(c) the species of furbearers and any plan to propagate them;

(d) the legal description of the lands to be included;

(e) the type of fence that the applicant contemplates erecting;

(f) the source of furbearers.

(2) (a) A fur farm license may be issued only to a responsible applicant who owns or leases the premises on which the operations are to be conducted and who has properly fenced the place where the fur farm is to be located.

(b) Any fur farm owned by a nonresident must have a resident agent who is responsible for the daily operation of the fur farm and who is authorized by the nonresident owner to receive service of process.

(3) Within 30 days of receiving the application, the department shall notify the applicant of its decision to approve or deny the application. If required fencing has not been completed, the department shall approve the application subject to the fencing being completed. If the application is denied, the department shall specify the reasons for denial.
Mont. Code Ann. § 87-2-107 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-107
87-2-107 License form
Status: in_force

87-2-107 . License form. The form of the license must be determined and the license blanks prepared by the department and furnished by it to the officers and persons authorized to issue the license. Licenses must be issued in the name of the department. Each license issued must be signed by the licensee in ink or indelible pencil on the face of the license or signed electronically.
Mont. Code Ann. § 87-1-216 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-216
87-1-216 Wild buffalo or bison as species in need of management -- policy -- department duties
Status: in_force

87-1-216 . Wild buffalo or bison as species in need of management -- policy -- department duties. (1) The legislature finds that significant potential exists for the spread of contagious disease to persons or livestock in Montana and for damage to persons and property by wild buffalo or bison. It is the purpose of this section:

(a) to designate publicly owned wild buffalo or bison originating from Yellowstone national park as a species requiring disease control;

(b) to designate other wild buffalo or bison as a species in need of management; and

(c) to set out specific duties for the department for management of the species.

(2) The department:

(a) is responsible for the management, including but not limited to public hunting, of wild buffalo or bison in this state that have not been exposed to or infected with a dangerous or contagious disease but may threaten persons or property;

(b) shall consult and coordinate with the department of livestock on implementation of the provisions of subsection (2)(a) to the extent necessary to ensure that wild buffalo or bison remain disease-free; and

(c) shall cooperate with the department of livestock in managing publicly owned wild buffalo or bison that enter the state on public or private land from a herd that is infected with a dangerous disease, as provided in 81-2-120 , under a plan approved by the governor. The department of livestock is authorized under the provisions of 81-2-120 to regulate publicly owned wild buffalo or bison in this state that pose a threat to persons or livestock in Montana through the transmission of contagious disease. The department may, after agreement and authorization by the department of livestock, authorize the public hunting of wild buffalo or bison that have been exposed to or infected with a contagious disease, pursuant to 87-2-730 . The department may, following consultation with the department of livestock, adopt rules to authorize the taking of bison where and when necessary to prevent the transmission of a contagious disease.

(3) The department may adopt rules with regard to wild buffalo or bison that have not been exposed to or infected with a contagious disease but are in need of management because of potential damage to persons or property.

(4) The department may not:

(a) release, transplant, relocate, or allow wild buffalo or bison on any private or public land in Montana that has not been authorized for that use by the private or public owner; or

(b) except for a transfer to a qualified tribal entity pursuant to 81-2-120 (1)(a)(ii), release, transplant, or relocate any wild buffalo or bison into any county in the state without authorization of the board of county commissioners of the affected county or counties pursuant to 7-21-3214 .

(5) Subject to subsection (4), the department shall develop and adopt a management plan before any wild buffalo or bison under the department's jurisdiction may be released, transplanted, or relocated onto private or public land in Montana. A plan must include but is not limited to:

(a) measures to comply with any applicable animal health protocol required under Title 81, under subsection (2)(b), or by the state veterinarian;

(b) any animal identification and tracking protocol required by the department of livestock to identify the origin and track the movement of wild buffalo or bison for the purposes of subsections (2)(b) and (5)(c);

(c) animal containment measures that ensure that any animal released, transplanted, or relocated on private or public land will be contained in designated areas. Containment measures must include but are not limited to:

(i) any fencing required;

(ii) contingency plans to expeditiously relocate wild buffalo or bison that enter private or public property where the presence of the animals is not authorized by the private or public owner;

(iii) contingency plans to expeditiously fund and construct more effective containment measures in the event of an escape; and

(iv) contingency plans to eliminate or decrease the size of designated areas, including the expeditious relocation of wild buffalo or bison if the department is unable to effectively manage or contain the wild buffalo or bison.

(d) a reasonable means of protecting public safety and emergency measures to be implemented if public safety may be threatened;

(e) a reasonable maximum carrying capacity for any proposed designated area using sound management principles, including but not limited to forage-based carrying capacity, and methods for not exceeding that carrying capacity, including in years of drought or severe winters. The carrying capacity must be based on a forage analysis conducted in accordance with standards contained in the most recent natural resources conservation service field office technical guide by a range scientist who is on the staff of:

(i) the Montana state university-Bozeman college of agriculture;

(ii) the United States natural resources conservation service; or

(iii) a technical service provider certified by either the natural resources conservation service or the society for range management.

(f) identification of long-term, stable funding sources that would be dedicated to implementing the provisions of the management plan for each designated area.

(6) When developing a management plan in accordance with subsection (5), the department shall provide the opportunity for public comment and hold a public hearing in the affected county or counties. Prior to making a decision to release, transplant, or relocate wild buffalo or bison onto private or public land in Montana, the department shall respond to all public comment received and publish a full record of the proceedings at any public hearing.

(7) The department is liable for all costs incurred, including costs arising from protecting public safety, and any damage to private property that occurs as a result of the department's failure to meet the requirements of subsection (5).

(8) When adopting and implementing rules regarding the special wild buffalo or bison license issued pursuant to 87-2-730 , the department shall consult and cooperate with the department of livestock regarding when and where public hunting may be allowed and the safe handling of wild buffalo or bison parts in order to minimize the potential for spreading any contagious disease to persons or to livestock.
Mont. Code Ann. § 87-1-217 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-217
87-1-217 Policy for management of large predators -- legislative intent
Status: in_force

87-1-217 . Policy for management of large predators -- legislative intent. (1) In managing large predators, the primary goals of the department, in the order of listed priority, are to:

(a) protect humans, livestock, and pets;

(b) preserve and enhance the safety of the public during outdoor recreational and livelihood activities; and

(c) preserve citizens' opportunities to hunt large game species.

(2) With regard to large predators, it is the intent of the legislature that the specific provisions of this section concerning the management of large predators will control the general supervisory authority of the department regarding the management of all wildlife.

(3) For the management of wolves in accordance with the priorities established in subsection (1), the department may use lethal action to take problem wolves that attack livestock if the state objective for breeding pairs has been met. For the purposes of this subsection, "problem wolves" means any individual wolf or pack of wolves with a history of livestock predation.

(4) The department shall work with the livestock loss board and the United States department of agriculture wildlife services to establish the conditions under which carcasses or parts of carcasses from wolves, mountain lions, or black bears are retrieved during management activities and when those carcasses or parts of carcasses are made available to the livestock loss board for sale or auction pursuant to 2-15-3113 .

(5) (a) The department shall ensure that county commissioners and tribal governments in areas that have identifiable populations of large predators have the opportunity for consultation and coordination with state and federal agencies prior to state and federal policy decisions involving large predators and large game species.

(b) The department shall provide verbal and written notice to the county commissioners, sheriff's office, and tribal government located within the county or tribal government boundaries where a large predator is to be relocated:

(i) on the finalization of an annual plan to relocate a large predator into a county or tribal government boundary other than the one it was captured in;

(ii) on the finalization of a change to a plan to relocate a large predator into a county or tribal government boundary other than the one it was captured in;

(iii) within 24 hours of the capture of a large predator if it will be relocated into a county or tribal government boundary other than the one it was captured in; and

(iv) within 24 hours of the relocation of a large predator if the relocation site has been previously approved by the commission for relocation of bears.

(6) As used in this section:

(a) "consultation" means to actively provide information to a county or tribal government regarding proposed policy decisions on matters that may have a harmful effect on agricultural production or livestock operations or that may pose a risk to human health or safety in that county or on those tribal lands and to seek information and advice from counties or tribal governments on these matters;

(b) "large game species" means deer, elk, mountain sheep, moose, antelope, and mountain goats; and

(c) "large predators" means bears, mountain lions, and wolves.
Mont. Code Ann. § 87-4-529 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-529
87-4-529 Penalties
Status: in_force

87-4-529 . Penalties. A person who violates this part is subject to the penalties provided in 87-6-706 .
Mont. Code Ann. § 87-1-512 — MT Code / Title 87 / Chapter 1 / Part 5 / Section 87-1-512
87-1-512 Certificate of sale
Status: in_force

87-1-512 . Certificate of sale. (1) Upon the sale of property as provided in 87-1-511 , the officer shall issue a certificate to the purchasing party, certifying that the purchaser has the legal right to be in possession of the property and that anyone so acquiring this property from the state is prohibited from reselling the property for human consumption.

(2) Only one carcass of either deer, moose, or elk may be purchased per person at an auction conducted pursuant to 87-1-511 . At its discretion, the department may donate unsold carcasses to welfare departments, public institutions, or charitable institutions.

(3) Subsection (1) does not prohibit the resale of heads, hides, pelts, or mounts.
Mont. Code Ann. § 87-3-204 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-204
87-3-204 Designation of state waters for particular fishing methods
Status: in_force

87-3-204 . Designation of state waters for particular fishing methods. (1) (a) The commission may designate waters within the state in which rubber or spring-propelled spears employed by persons swimming or submerged in the water or traps, seines, nets, spears, or gigs may be used for taking:

(i) nongame fish; or

(ii) walleyed pike, sauger, northern pike, burbot (ling), and whitefish.

(b) The commission may adopt rules for the taking of fish under this subsection (1), and the rules may be specific to the water designated. The designated waters may be closed at the discretion of the commission.

(c) Except when the taking of game fish is authorized pursuant to subsection (1)(a)(ii), all game fish captured while fishing as authorized under this subsection (1) must be returned uninjured to the waters from which they were taken.

(2) The commission may designate certain waters where setlines may be used to fish for certain species of game or nongame fish, and the commission may designate the number of hooks and lines and the length of line or lines that may be used as setlines.

(3) The commission may designate waters where authorized commercial fishing operators may use approved nets, seines, and traps to fish for designated species of nongame fish.
Mont. Code Ann. § 87-1-273 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-273
87-1-273 Future fisheries review panel -- purpose -- appointment and duties
Status: in_force

87-1-273 . Future fisheries review panel -- purpose -- appointment and duties. (1) The governor or governor's designee shall call for nominees for, accept and review recommendations for, and appoint a future fisheries review panel. The panel must consist of at least 13 members, including but not limited to:

(a) one member who is a representative of conservation districts;

(b) one member with expertise in commercial agriculture;

(c) one member with expertise in irrigated agriculture;

(d) one member from the private sector who is a fisheries restoration professional;

(e) two members who are licensed Montana anglers;

(f) one member of the house of representatives, chosen by the speaker of the house;

(g) one member of the senate, chosen by the committee on committees;

(h) one member with expertise in silviculture;

(i) one member who is a Montana high school student;

(j) one member with expertise in mining reclamation techniques;

(k) one member with expertise in fisheries; and

(l) one ex officio member from the Montana department of transportation who has experience in highway impacts mitigation.

(2) A member appointed to the review panel shall serve a 2-year term and may be reappointed.

(3) The purpose of the review panel is to:

(a) review, at least every 6 months, proposed projects that have been submitted by public or private entities for funding;

(b) determine what projects are eligible for inclusion in the future fisheries improvement program;

(c) approve or reject proposed projects; and

(d) forward a list of approved projects to the department.

(4) To be eligible for funding, a project must be generated at the local level and must be developed and presented to the review panel by the department, local landowners, conservation districts, or other interested citizens. Before consideration of any project that involves streambed or streambank restoration, a change in the use of water, or any other purpose that affects a particular property owner's interest in land or water, the review panel is required to find that the project is being proposed for funding with the voluntary approval of the participating property owner.
Mont. Code Ann. § 87-2-813 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-813
87-2-813 Auction or lottery of wolf license
Status: in_force

87-2-813 . Auction or lottery of wolf license. (1) The commission may issue one wolf 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 wolves.
Mont. Code Ann. § 87-1-120 — MT Code / Title 87 / Chapter 1 / Part 1 / Section 87-1-120
87-1-120 Remedial hunter education program
Status: in_force

87-1-120 . Remedial hunter education program. (1) The department shall develop a remedial hunter education program for hunting law violators.

(2) The program must be funded through money collected by a court pursuant to 87-6-905 through 87-6-908 .

(3) The department shall determine the qualifications for instructors, hire the instructors, and pay the instructors at a rate determined by the department.

(4) A person who is sentenced by the court to complete a remedial hunter education course shall pay the costs directly attributable to the person's participation in the remedial hunter education program.

(5) The course instructor shall notify the sentencing court of the participant's attendance record and of the participant's success or failure in completing the program.

(6) A participant whose hunting, fishing, or trapping license has been revoked shall successfully complete the program before license privileges may be reinstated.
Mont. Code Ann. § 87-2-1002 — MT Code / Title 87 / Chapter 2 / Part 10 / Section 87-2-1002
87-2-1002 Regulation of devices and equipment used under reciprocal privilege
Status: in_force

87-2-1002 . Regulation of devices and equipment used under reciprocal privilege. The department may by regulation authorize the use of fishing devices and equipment by properly licensed anglers of both states under the provisions of 87-2-1001 , unless otherwise prohibited by Montana law, in waters forming the subject of the agreements.
Mont. Code Ann. § 87-6-202 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-202
87-6-202 Unlawful possession, shipping, or transportation of game fish, bird, game animal, or fur-bearing animal
Status: in_force

87-6-202 . Unlawful possession, shipping, or transportation of game fish, bird, game animal, or fur-bearing animal. (1) A person may not possess, ship, or transport all or part of any game fish, bird, game animal, or fur-bearing animal that was unlawfully killed, captured, or taken, whether killed, captured, or taken in Montana or outside of Montana.

(2) This section does not prohibit the possession, shipping, or transportation of:

(a) hides, heads, or mounts of lawfully killed, captured, or taken game fish, birds, game animals, or fur-bearing animals, 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) 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) 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;

(d) captive-reared migratory waterfowl; or

(e) salvaged antelope, deer, elk, or moose subject to 87-3-145 .

(3) A person may not possess, ship, or transport live fish away from the body of water in which the fish were taken except:

(a) as provided in Title 87, chapter 4, part 6, or as specifically permitted by the laws of this state;

(b) fish species approved by the commission for use as live bait and subject to any restrictions imposed by the commission; or

(c) within the boundaries of the eastern Montana fishing district, as established by commission regulations.

(4) Except as provided in 87-3-310 , possession of all or part of a dead game fish, bird, game animal, or fur-bearing animal is prima facie evidence that the person or persons in whose possession the fish, bird, or animal is found killed, captured, or took the fish, bird, or animal.

(5) The value of a game fish, bird, game animal, or fur-bearing animal that is unlawfully possessed, shipped, or transported must be determined from the schedules of restitution values in 87-6-906 and 87-6-907 . The value of game fish, birds, game animals, or fur-bearing animals that are unlawfully possessed, shipped, or transported 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.

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

(a) If a person is convicted or forfeits bond or bail after being charged with unlawful possession, shipping, or transportation of a game fish or bird and if the value of all or part of the game fish or bird or combination thereof does not exceed $1,000, 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 issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(b) If a person is convicted or forfeits bond or bail after being charged with unlawful possession or transportation of a mountain sheep, moose, wild buffalo, caribou, mountain goat, black bear, or grizzly bear or any part of these animals and if the value of all or part of the animal or combination thereof does not exceed $1,000, the person shall be fined not less than $500 or more than $2,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 30 months from the date of conviction or forfeiture unless the court imposes a longer period.

(c) If a person is convicted or forfeits bond or bail after being charged with unlawful possession or transportation of a deer, antelope, elk, or mountain lion or any part of these animals and if the value of all or part of the animal or combination thereof does not exceed $1,000, the person shall be fined not less than $300 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period.

(d) If a person is convicted or forfeits bond or bail after being charged with unlawful shipping of a mountain sheep, moose, wild buffalo, caribou, mountain goat, black bear, grizzly bear, deer, antelope, elk, or mountain lion or any part of these animals and if the value of all or part of the animal or combination thereof does not exceed $1,000, 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 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.

(e) If a person is convicted or forfeits bond or bail after being charged with unlawful possession, shipping, or transportation of a fur-bearing animal or pelt of a fur-bearing animal and if the value of all or part of the animal or combination thereof does not exceed $1,000, the person shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.

(f) If a person is convicted under this section 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, the person shall be fined not more than $50,000 or be imprisoned in the state prison for a term not to exceed 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.

(7) A person convicted of unlawful possession of more than double the legal bag limit may be subject to the additional penalties provided in 87-6-901 .

(8) 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;

(b) "possess" includes the act of killing, capturing, or taking a game fish, bird, game animal, or fur-bearing animal regardless of whether the person takes or retains physical possession of the fish, bird, or animal; and

(c) "unlawfully killed, captured, or taken" means not lawfully killed, captured, or taken.

(9) 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. § 87-1-403 — MT Code / Title 87 / Chapter 1 / Part 4 / Section 87-1-403
87-1-403 Regulation of employees by director
Status: in_force

87-1-403 . Regulation of employees by director. (1) The director may suspend without pay, reduce in rank, or remove any employee at any time for cause, providing that any person who has been continuously employed for 1 year or more immediately preceding any suspension or discharge may demand and receive a hearing before the department on the charges filed.

(2) The director shall rate all employees on the basis of merit and efficiency in accordance with rules adopted by the department to secure a proper rating of each person employed. The department shall fix the salaries of employees. Travel expenses, as provided for in 2-18-501 through 2-18-503 , are allowed employees on official business away from designated headquarters.
Mont. Code Ann. § 87-5-910 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-910
87-5-910 Grants -- eligibility
Status: in_force

87-5-910 . Grants -- eligibility. (1) Subject to the provisions of 87-5-912 , to be eligible to receive funds pursuant to this part, a proposed project must maintain, enhance, restore, expand, or benefit sage grouse habitat and populations for the heritage of Montana and its people through voluntary, incentive-based efforts, including:

(a) reduction of conifer encroachment;

(b) reduction of the spread of invasive weeds that harm sagebrush health or sage grouse habitat;

(c) maintenance, restoration, or improvement of sagebrush health or quality;

(d) purchase or acquisition of leases, term conservation easements, or permanent conservation easements that conserve or maintain sage grouse habitat, protect grazing lands, or conserve sage grouse populations;

(e) incentives to reduce the conversion of grazing land to cropland;

(f) restoration of cropland to grazing land;

(g) modification of fire management to conserve sage grouse habitat and populations;

(h) demarcation of fences to reduce sage grouse collisions;

(i) reduction of unnatural perching platforms for raptors;

(j) reduction of unnatural safe havens for predators;

(k) sage grouse habitat enhancement that provides project developers the ability to use improved habitat for compensatory mitigation under 87-5-911 ;

(l) establishment of a habitat exchange to develop and market credits consistent with the purposes of this part. The habitat exchange must be authorized by the United States fish and wildlife service and must use the habitat quantification tool to quantify and calculate the value of credits and debits. Funds may be allocated to a habitat exchange:

(i) if the funds are used:

(A) to create and market credits in a manner consistent with the habitat quantification tool;

(B) for operational purposes, including monitoring the effectiveness of projects; or

(C) for costs associated with establishing the habitat exchange; and

(ii) if the habitat exchange reimburses the state for its proportionate share of proceeds generated from the sale of credits created with funds distributed pursuant to this part. Any proceeds received by the state pursuant to this subsection (1)(l)(ii) must be deposited in the sage grouse stewardship account established in 87-5-909 and must be used only to acquire additional credits or for operational purposes, including monitoring the long-term effectiveness of compensatory mitigation projects.

(m) other project proposals that the oversight team determines are consistent with the purposes of this part.

(2) Projects proposed by grant applicants may involve land owned by multiple landowners, including state and federal land, provided that the majority of the involved acres are privately held and that the proposed project benefits sage grouse across all of the land included in the project.

(3) Grants may be awarded only to organizations and agencies that hold and maintain conservation easements or leases or that are directly involved in sage grouse habitat mitigation and enhancement activities approved by the oversight team.

(4) Grants may not be used to supplement or replace the operating budget of an agency or organization except for budget items that directly relate to the purposes of the grant.

(5) If a grant is awarded to a proposed project that uses matching funds from a source that prohibits the generation of credits for compensatory mitigation, the oversight team, when possible, shall allocate the credits generated by the proposed project on a pro rata basis and make available for compensatory mitigation under 87-5-911 only those credits attributable to funds awarded pursuant to this section and any unrestricted matching funds.
Mont. Code Ann. § 87-1-221 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-221
87-1-221 Acquisition, importation, and propagation of fish and game -- waterfowl food
Status: in_force

87-1-221 . Acquisition, importation, and propagation of fish and game -- waterfowl food. The department may:

(1) acquire by gift, purchase, capture, or otherwise any fish, game, game birds, or animals for propagation, experimental, or scientific purposes;

(2) provide for the importation of game birds and game and fur-bearing animals and for the protection, propagation, and distribution of imported or native birds and animals;

(3) use fish and game funds necessary for the construction, maintenance, operation, upkeep, and repair of fish hatcheries or other property or means and appliances for the protection and propagation of fish, game and fur-bearing animals, or game or nongame birds;

(4) appropriate money from the funds at its disposal for the extermination or eradication of predatory animals that destroy fish, game or fur-bearing animals, or game or nongame birds;

(5) spend fish and game funds necessary to introduce and propagate wild waterfowl food and for that purpose may secure expert advice as to what kinds of waterfowl foods are adapted to the climate, soil, and waters of this state.
Mont. Code Ann. § 87-1-247 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-247
87-1-247 Upland game bird enhancement program -- authorized use of funds
Status: in_force

87-1-247 . Upland game bird enhancement program -- authorized use of funds. (1) Subject to subsection (2), revenue dedicated to the upland game bird enhancement program pursuant to 87-1-246 must be used by the department to:

(a) prepare and disseminate information to landowners and organizations concerning the upland game bird enhancement program;

(b) review potential upland game bird release sites;

(c) assist applicants in preparing management plans for project areas;

(d) evaluate the upland game bird enhancement program;

(e) develop a strategic plan pursuant to 87-1-251 (2)(a);

(f) develop, enhance, and conserve upland game bird habitat in Montana; and

(g) establish and assist an upland game bird citizens' advisory council pursuant to 87-1-251 .

(2) As far as practicable, expenditures made pursuant to subsection (1) must be prioritized by administrative region based on need, taking into consideration any biological, recreational, or economic benefit and the objectives established in a strategic plan developed pursuant to 87-1-251 (2)(a).
Mont. Code Ann. § 87-1-701 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-701
87-1-701 Assent to Dingell-Johnson Act
Status: in_force

87-1-701 . Assent to Dingell-Johnson Act. The congress of the United States passed an act that was approved on August 9, 1950, known as the Dingell-Johnson Act, Public Law 681, 81st congress, chapter 658, 2nd session, which provides, among other things, that "No money apportioned under this Act to any State, except as hereinafter provided, shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of fish, shall have assented to the provisions of this Act and shall have passed laws for the conservation of fish, which shall include a prohibition against the diversion of license fees paid by fishermen for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after passage of this Act, the assent of the governor of the State shall be sufficient." The money referred to in the Dingell-Johnson Act is collected in part from the anglers of the state of Montana and will not be returned to the state unless the state assents to the Dingell-Johnson Act. Therefore, the state of Montana assents to the Dingell-Johnson Act, but the assent is with the express reservations enumerated in 87-1-701 through 87-1-703 . The state of Montana does not, by the passage of 87-1-701 through 87-1-703 or by the consent given in this section, surrender to the congress of the United States or any department of the government of the United States any of those rights that are retained by the people of the state of Montana or the state of Montana and that are guaranteed to them by the 9th and 10th amendments to the constitution of the United States, and 87-1-701 through 87-1-703 may not 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. The title to all lands acquired under the provisions of 87-1-701 through 87-1-703 for fish restoration and management projects and projects constructed on those lands is and remains in the state.
Mont. Code Ann. § 87-5-806 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-806
87-5-806 Administration and expenditure of funds
Status: in_force

87-5-806 . Administration and expenditure of funds. (1) State, tribal, and federal agencies, as well as conservation districts, irrigation districts, grazing associations, weed control districts, other entities the department considers appropriate for wildlife habitat improvement projects, and nonprofit organizations exempt from taxation under section 26 U.S.C. 501(c)(3), may apply for project funding.

(2) The department may expend funds deposited pursuant to 87-5-813 and 87-5-805 through grants or contracts to:

(a) improve, conserve, protect, and maintain terrestrial habitat;

(b) improve, conserve, and maintain aquatic habitat;

(c) participate in water enhancement projects to benefit aquatic habitat and allow for other watershed enhancements that benefit fish, wildlife, and water conservation;

(d) improve and maintain range conditions, restoration of habitat, and drought resilience designed to create habitat uplift on private, public, and tribal lands;

(e) address and mitigate impacts that are detrimental to wildlife habitat and the environment and improve the condition of the land due to noxious weeds, soil disturbance, and loss of diverse habitat communities;

(f) mitigate conflicts and reduce potential for disease transmission between wildlife and domestic livestock;

(g) help fund activities and employees of the state tribal wildlife programs; and

(h) create habitat uplift and net conservation gain for species of conservation need.

(3) The department may expend the funds deposited pursuant to 87-5-813 to pay costs incurred by the department for administering this part and providing support to the council, including but not limited to personal services costs, operating costs, and other administrative costs. Administrative costs may not exceed 15% of the total amount expended pursuant to subsection (2).
Mont. Code Ann. § 87-1-622 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-622
87-1-622 Forest management plan -- sustainable yield study required -- definition
Status: in_force

87-1-622 . Forest management plan -- sustainable yield study required -- definition. (1) The commission and the board shall adopt forest management plans for lands under their jurisdiction, based on an annual sustainable yield, to implement the provisions of 87-1-201 (10)(a)(iv).

(2) The department, under the direction of the commission, shall, before July 1, 2012, commission a study by a qualified independent third party to determine, using scientific principles, the annual sustainable yield on forested department lands. The department shall direct the qualified independent third party to determine the annual sustainable yield pursuant to all state and federal laws.

(3) The annual timber sale requirement for the timber sale program administered by the department to address fire mitigation, pine beetle infestation, and wildlife habitat enhancement may not exceed the annual sustainable yield.

(4) The commission and the board shall review and redetermine the annual sustainable yield for lands under their jurisdiction at least once every 5 years.

(5) Expenditures necessary to meet the requirements of this section are authorized to be made by the department pursuant to 87-1-601 .

(6) For the purposes of this section, the term "annual sustainable yield" means the quantity of timber that can be harvested from forested department lands each year, taking into account the ability of forested lands to generate replacement tree growth and in accordance with:

(a) the provisions of 87-1-201 (10)(a)(iv);

(b) state and federal laws, including but not limited to the laws pertaining to wildlife, recreation, and maintenance of watersheds; and

(c) water quality standards that protect fisheries and aquatic life and that are adopted under the provisions of Title 75, chapter 5.
Mont. Code Ann. § 87-2-102 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-102
87-2-102 Resident defined
Status: in_force

87-2-102 . Resident defined. In determining whether a person is a resident for the purpose of issuing resident hunting, fishing, and trapping licenses, the following provisions apply:

(1) (a) A member of the regular armed forces of the United States, a member's spouse or dependent, as defined in subsection (1)(c), who resides in the member's household, or a member of the armed forces of a foreign government attached to the regular armed forces of the United States is considered a resident for the purposes of this chapter if:

(i) the member was a resident of Montana under the provisions of subsection (4) and continues to meet the residency criteria of subsections (4)(b) through (4)(e); or

(ii) the member is currently stationed in and assigned to active duty in Montana, has resided in Montana for at least 30 days, and presents official assignment orders and proof of completion of a hunter safety and education course approved by the department, as provided in 87-2-105 , a certificate verifying the successful completion of a hunter safety course in any state or province, or, if applicable, proof of completion of a trapper education course pursuant to 87-2-127 . The 30-day residence requirement is waived in time of war. Reassignment to another state, United States territory, or country terminates Montana residency for purposes of this section, except that a reassigned member continues to qualify as a resident if the member's spouse and dependents continue to physically reside in Montana and the member continues to meet the residency criteria of subsections (4)(b) through (4)(e). The designation of Montana by a member of the regular armed forces as a "home of record" or "home of residence" in that member's armed forces records does not determine the member's residency for purposes of this section.

(b) A member of the regular armed forces of the United States who is otherwise considered a Montana resident pursuant to subsection (1)(a)(i) does not forfeit that status as a resident because the member, by virtue of that membership, also possesses, has applied for, or has received resident hunting, fishing, or trapping privileges in another state or country.

(c) The term "dependent" means any of the following individuals over half of whose support was received from the member:

(i) a son or daughter of the taxpayer or a descendant of either;

(ii) a stepson or stepdaughter of the taxpayer;

(iii) a brother, sister, stepbrother, or stepsister of the taxpayer;

(iv) the father or mother of the taxpayer or an ancestor of either;

(v) a stepfather or stepmother of the taxpayer;

(vi) a son or daughter of a brother or sister of the taxpayer;

(vii) a brother or sister of the father or mother of the taxpayer;

(viii) a son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of the taxpayer;

(ix) an individual who, for the tax year of the taxpayer, has as the individual's principal place of abode the home of the taxpayer and is a member of the taxpayer's household; or

(x) an individual who:

(A) is a descendant of a brother or sister of the father or mother of the taxpayer;

(B) for the tax year of the taxpayer, received institutional care required by reason of a physical or mental disability; and

(C) before receiving the institutional care, was a member of the same household as the taxpayer.

(d) For purposes of this section:

(i) the terms "brother" and "sister" include a brother or sister by the half blood; and

(ii) in determining whether any of the relationships specified in this section exist, a legally adopted child of an individual must be treated as a child of the individual by blood.

(2) A person who has physically resided in Montana as the person's principal or primary home or place of abode for 180 consecutive days and who meets the criteria of subsection (4) immediately before making application for any license is eligible to receive resident hunting, fishing, and trapping licenses. As used in this section, a vacant lot or a premises used solely for business purposes is not considered a principal or primary home or place of abode.

(3) A person who obtains residency under subsection (2) may continue to be a resident for purposes of this section by physically residing in Montana as the person's principal or primary home or place of abode for not less than 120 days a year and by meeting the criteria of subsection (4) prior to making application for any resident hunting, fishing, or trapping license.

(4) In addition to the requirements of subsection (2) or (3), a person shall meet the following criteria to be considered a resident for purposes of this section:

(a) the person's principal or primary home or place of abode is in Montana;

(b) the person files Montana state income tax returns as a resident if required to file;

(c) the person licenses and titles in Montana as required by law any vehicles that the person owns and operates in Montana;

(d) except as provided in subsection (1)(b), the person does not possess or apply for any resident hunting, fishing, or trapping licenses from another state or country or exercise resident hunting, fishing, or trapping privileges in another state or country; and

(e) if the person registers to vote, the person registers only in Montana.

(5) A student who is enrolled full-time in a postsecondary educational institution out of state and who would qualify for Montana resident tuition or who otherwise meets the residence requirements of subsection (2) or (3) is considered a resident for purposes of this section.

(6) An enrollee of a job corps camp located within the state of Montana is, after a period of 30 days within Montana, considered a resident for the purpose of making application for a fishing license as long as the person remains an enrollee in a Montana camp.

(7) A person who does not reside in Montana but who meets all of the following requirements is a resident for purposes of obtaining hunting and fishing licenses:

(a) The person's principal employment is within this state and the income from this employment is the principal source of the applicant's family income.

(b) The person is required to pay and has paid Montana income tax in a timely manner and proper amount.

(c) The person has been employed within this state on a full-time basis for at least 12 consecutive months immediately preceding each application.

(d) The person's state of residency has laws substantially similar to this subsection (7).

(8) An unmarried minor is considered a resident for the purposes of this section if the minor's parents, legal guardian, or parent with joint custody, sole custody, or visitation rights is a resident for purposes of this section. The minor is considered a resident for purposes of this section regardless of whether the minor resides primarily in the state or otherwise qualifies as a resident. The resident parent or guardian of the minor may be required to show proof of the parental, guardianship, or custodial relationship to the minor.

(9) A person is not considered a resident for the purposes of this section if the person:

(a) claims residence in any other state or country for any purpose; or

(b) is an absentee property owner paying property tax on property in Montana.

(10) A license agent is not considered a representative of the state for the purpose of determining a license applicant's residence status.
Mont. Code Ann. § 87-1-264 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-264
87-1-264 Expenditure of hunting access program funds on weed control
Status: in_force

87-1-264 . Expenditure of hunting access program funds on weed control. The legislature recognizes that the hunting access programs authorized in 87-1-265 successfully encourage landowners to increase public access to private and public lands for purposes of hunting, but that increased public access may also contribute to an increase in the spread of noxious weeds on public and private lands. Therefore, in an effort to improve management and services related to those programs, the department may offer up to 5% in additional incentive payments above the maximum annual payment established in 87-1-265 to landowners who agree to use those additional payments for specific weed management activities on lands under their control.
Mont. Code Ann. § 87-5-106 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-106
87-5-106 Unlawful acts
Status: in_force

87-5-106 . Unlawful acts. Except as provided in regulations issued by the department, it shall be unlawful for any person to take, possess, transport, export, sell, or offer for sale nongame wildlife deemed by the department to be in need of management. Subject to the same exception, it shall further be unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife deemed by the department to be in need of management.
Mont. Code Ann. § 87-1-229 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-229
87-1-229 Entry on private land -- policy
Status: in_force

87-1-229 . Entry on private land -- policy. It is the policy of the department to meet with and work cooperatively with individual private landowners on policies regarding entry of the department to private landowners' land and to work with public and private land managers to resolve and reduce user conflicts.
Mont. Code Ann. § 87-1-615 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-615
87-1-615 Investment of fish and wildlife mitigation trust fund
Status: in_force

87-1-615 . Investment of fish and wildlife mitigation trust fund. The fish and wildlife mitigation trust fund must be invested and managed by the board of investments as part of the unified investment program in a separate investment fund.
Mont. Code Ann. § 87-1-321 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-321
87-1-321 Purpose
Status: in_force

87-1-321 . Purpose. The purpose of 87-1-321 through 87-1-325 is to require the commission, with advice of the department, to manage elk, deer, and antelope populations in a sustainable manner that keeps animal populations at a number that does not adversely affect Montana land.
Mont. Code Ann. § 87-2-403 — MT Code / Title 87 / Chapter 2 / Part 4 / Section 87-2-403
87-2-403 Wild turkey tags and fee
Status: in_force

87-2-403 . Wild turkey tags and fee. (1) The department may issue wild turkey tags to the holder of a valid Class A-1 or nonresident conservation license. Each tag entitles the holder to hunt one wild turkey and possess the carcass of the turkey, during times and places that the commission authorizes an open season on wild turkey.

(2) The fee for a wild turkey tag is $6.50 for a resident and $115 for a nonresident, except that a nonresident holder of a valid Class B-1, Class B-10, or Class B-11 license may purchase a wild turkey tag for one-half of the nonresident fee. Turkey tags must be issued either by a drawing system or in unlimited number as authorized by department rules.
Mont. Code Ann. § 87-6-706 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-706
87-6-706 Shooting preserve offenses
Status: in_force

87-6-706 . Shooting preserve offenses. (1) A person may not:

(a) hunt on a shooting preserve without obtaining a license pursuant to 87-4-504 ; or

(b) harvest game on a shooting preserve without reporting the game pursuant to 87-4-525 .

(2) Each shooting preserve operator shall keep records in accordance with 87-4-522 .

(3) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, 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. § 87-6-307 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-307
87-6-307 Unlawful use of discounted combination sports license by youth
Status: in_force

87-6-307 . Unlawful use of discounted combination sports license by youth. A person who hunts or fishes using a youth combination sports license purchased after the person reaches 18 years of age is guilty of a misdemeanor and is subject to any of the following penalties imposed by the court:

(1) revocation of the person's hunting and fishing privileges for at least 5 years, revocation of the person's hunting and fishing privileges for more than 5 years, or revocation of the person's hunting and fishing privileges for life; and

(2) a fine of not less than $500 and not more than $5,000 in addition to the fine imposed on a person for the specific hunting or fishing violation.
Mont. Code Ann. § 87-1-246 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-246
87-1-246 Funding of upland game bird enhancement program
Status: in_force

87-1-246 . (Temporary) Funding of upland game bird enhancement program. The amount of money specified in this section from the sale of each hunting license listed must be used exclusively by the department to preserve and enhance upland game bird populations in Montana in accordance with 87-1-246 through 87-1-249 , subject to appropriation by the legislature:

(1) Class A-1, resident upland game bird, $2;

(2) Class B-1, nonresident upland game bird, $23;

(3) Class B-2, 3-day nonresident upland game bird, $10;

(4) Class AAA, combination sports, $2; and

(5) Class B-10, nonresident big game combination, $23.
Mont. Code Ann. § 87-6-102 — MT Code / Title 87 / Chapter 6 / Part 1 / Section 87-6-102
87-6-102 Designation of violations
Status: in_force

87-6-102 . Designation of violations. A person who purposely, knowingly, or negligently violates a provision of this title or any other state law pertaining to fish and game is guilty of a misdemeanor unless a felony is expressly provided by law.
Mont. Code Ann. § 87-6-921 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-921
87-6-921 Revocation of exception
Status: in_force

87-6-921 . Revocation of exception. If a person is convicted of a violation of the fish and game laws or regulations of Montana, the privilege conferred by 87-2-801 through 87-2-803 and 87-2-816 and 87-2-817 must be revoked for not less than 6 months.
Mont. Code Ann. § 87-4-609 — MT Code / Title 87 / Chapter 4 / Part 6 / Section 87-4-609
87-4-609 Regulation of commercial taking of fish or aquatic organisms -- permit -- rulemaking authority
Status: in_force

87-4-609 . Regulation of commercial taking of fish or aquatic organisms -- permit -- rulemaking authority. (1) The department shall regulate the taking, for sale or commercial distribution, of:

(a) crayfish for fishing bait;

(b) crayfish from private fish ponds regulated under 87-4-603 ;

(c) mysis shrimp;

(d) designated species of nongame fish in waters designated by the commission pursuant to 87-3-204 ;

(e) whitefish as authorized by statute; and

(f) other aquatic organisms.

(2) In order to obtain a permit to take fish or aquatic organisms for sale or commercial distribution, an applicant shall provide the department with sufficient details of the proposed operation to enable the department to evaluate any potential overharvest or conflict with existing fishing and recreational uses of the waters.

(3) The department may:

(a) deny a permit if it determines that there is substantial potential that the proposed operation may harm a fishery or conflict with existing recreational uses of the waters;

(b) condition a permit to restrict the method of taking, the location of the taking, and the quality and quantity of harvest to prevent overharvest or conflict with existing fishing and recreational uses of the waters; or

(c) require a permittee to submit harvest data to the department.

(4) A permit may be revoked for a violation of the conditions of the permit.

(5) The department may adopt rules for the regulation of commercial taking of fish or aquatic organisms, including but not limited to the setting of seasons, methods of taking, quantities of harvest, size limitations, and reporting requirements, to prevent overharvest or conflict with fishing and recreational uses of the waters.
Mont. Code Ann. § 87-4-1009 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1009
87-4-1009 Transportation of furbearers
Status: in_force

87-4-1009 . Transportation of furbearers. Any furbearers purchased for use on a fur farm or any furbearers raised on a fur farm may be transported only in compliance with Title 81, chapter 2, part 7, and applicable administrative rules.
Mont. Code Ann. § 87-4-413 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-413
87-4-413 Inspection
Status: in_force

87-4-413 . Inspection. The department may inspect the alternative livestock ranch or the licensee's alternative livestock ranch records on a scheduled basis or on another reasonable basis as may be determined necessary.
Mont. Code Ann. § 87-1-204 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-204
87-1-204 Political activity of employees
Status: in_force

87-1-204 . Political activity of employees. While retaining the right to vote as the employee pleases and to express opinions on all political questions, an employee of the department may not use the employee's official authority or influence for the purpose of interfering with an election or affecting the results of an election or for the purpose of coercing or influencing the political actions of any person or body.
Mont. Code Ann. § 87-6-101 — MT Code / Title 87 / Chapter 6 / Part 1 / Section 87-6-101
87-6-101 Definitions
Status: in_force

87-6-101 . Definitions. Unless the context requires otherwise, in this chapter, 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 Title 87, chapter 4, part 4.

(3) "Aircraft" means any manned or unmanned aerial vehicle or device that is used or intended to be used for flight in the air.

(4) (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.

(5) "Closed season" means the time during which game birds, fish, game animals, and fur-bearing animals may not be lawfully taken.

(6) "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.

(7) "Conviction" means a judgment or sentence entered following a guilty plea, a nolo contendere plea, a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury, or a forfeiture of bail or collateral deposited to secure the person's appearance in court that has not been vacated.

(8) "Field trial" has the meaning provided in 87-3-601 .

(9) "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.

(10) (a) "Fur dealer" means a person engaging in, carrying on, or conducting wholly or in part the business of buying or selling, trading, or dealing within the state of Montana in the skins or pelts of fur-bearing animals or predatory animals.

(b) If a fur dealer resides in Montana or if the fur dealer's principal place of business is within the state of Montana, the fur dealer is considered a resident fur dealer. All other fur dealers are considered nonresident fur dealers.

(11) "Fur farm" means enclosed land on which furbearers are kept for purposes of obtaining, rearing in captivity, keeping, and selling furbearers or parts of furbearers.

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

(b) As used in Title 87, chapter 4, part 10, "furbearer" does not include fox or mink.

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

(14) "Game fish" means all species of the family Salmonidae (chars, trout, salmon, grayling, and whitefish); all species of the genus Stizostedion (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).

(15) "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.

(16) "Knowingly" has the meaning provided in 45-2-101 .

(17) "Livestock" includes ostriches, rheas, and emus.

(18) "Migratory game bird" 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.

(19) "Negligently" has the meaning provided in 45-2-101 .

(20) "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.

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

(22) "Participating state" means any state that enacts legislation to become a member of the Interstate Wildlife Violator Compact.

(23) "Person" means an individual, association, partnership, and corporation.

(24) "Possession" has the meaning provided in 45-2-101 .

(25) "Predatory animal" means coyote, weasel, skunk, and civet cat.

(26) "Purposely" has the meaning provided in 45-2-101 .

(27) "Raptor" means all birds of the orders Falconiformes and Strigiformes, commonly called falcons, hawks, eagles, ospreys, and owls.

(28) "Resident" has the meaning provided in 87-2-102 .

(29) "Roadside menagerie" means any place where one or more wild animals are kept in captivity for the evident purpose of exhibition or attracting trade, 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.

(30) "Sale" means a contract by which a person:

(a) transfers an interest in either game or fish for a price; or

(b) transfers, barters, or exchanges an interest either in game or fish for an article or thing of value.

(31) "Site of the kill" means the location where a game animal or game bird expires and the person responsible for the death takes physical possession of the carcass.

(32) "Supplemental feed attractant" means any food, garbage, or other attractant for game animals. The term does not include growing plants or plants harvested for the feeding of livestock.

(33) "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.

(34) "Trap" means to take or harvest or participate in the taking or harvesting of any wildlife protected by state law 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.

(35) "Upland game birds" means sharptailed 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.

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

(37) "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.

(38) "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 .

(39) "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.

(40) "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. § 87-2-401 — MT Code / Title 87 / Chapter 2 / Part 4 / Section 87-2-401
87-2-401 Class A-1--resident upland game bird license
Status: in_force

87-2-401 . (Temporary) Class A-1--resident upland game bird license. Except as otherwise provided, 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 may, upon payment of a fee of $7.50, receive a Class A-1 license that entitles a holder who is 12 years of age or older to hunt upland game birds and possess the carcasses of upland game birds as authorized by department rules.
Mont. Code Ann. § 87-2-523 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-523
87-2-523 Class E-1--resident wolf license
Status: in_force

87-2-523 . Class E-1--resident wolf license. (1) Except as otherwise provided in this chapter and in subsection (2) of this section, 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 $12, may receive a Class E-1 license that entitles a holder who is 12 years of age or older to hunt a wolf and possess the carcass of the wolf as authorized by commission rules.

(2) A resident holder of a Class AAA combination sports license, regardless of whether it includes a Class A-6 bear tag, may purchase the first Class E-1 license the person obtains in that license year for $10.

(3) Fees collected pursuant to this section must be deposited and used in accordance with 87-1-623 .
Mont. Code Ann. § 87-1-275 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-275
87-1-275 Annual lottery of hunting licenses -- residents only
Status: in_force

87-1-275 . Annual lottery of hunting licenses -- residents only. (1) For each deer or elk general license purchased by a resident, as defined in 87-2-102 , the department shall award the resident one free chance in the lottery established by this section.

(2) The commission may issue one license each license year for one of the following:

(a) shiras moose;

(b) mountain sheep; or

(c) mountain goat.

(3) (a) The restriction in 87-2-702 (4) that a person who receives a moose, mountain goat, or mountain sheep special license is not eligible to receive another license for that species for the next 7 years does not apply to a person who receives a license through a lottery conducted pursuant to this section.

(b) Residents participating in the lottery pursuant to this section may also participate in the lottery established in 87-1-271 .

(4) The commission shall establish rules regarding:

(a) the conduct of the lottery authorized in this section;

(b) the use of licenses issued through the lottery; and

(c) the rotation between the three species each year.
Mont. Code Ann. § 87-3-201 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-201
87-3-201 Department control over fish hatcheries
Status: in_force

87-3-201 . Department control over fish hatcheries. The department has full control of all state fish hatcheries and is responsible for their construction, maintenance, and operation. All that construction work done under contract or otherwise shall be done under control and supervision of the director. The department shall administer the taking and collecting of all spawn, the hatching of all spawn and eggs, and the rearing, propagation, and distribution of fry, fingerlings, and fish. The department may purchase as many eyed eggs as are necessary to keep the hatcheries of the state supplied with eggs and in full operation. The department shall make every reasonable effort to collect sufficient eggs from the public streams or lakes of this state to supply the hatcheries and for that purpose may build, equip, and use fish traps and nets at any time of the year in all public waters. The department may purchase the eyed eggs of fish not propagated in this state for the purpose of stocking the waters of this state.
Mont. Code Ann. § 87-2-530 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-530
87-2-530 Class F--nonresident wildlife management area shed hunting license
Status: in_force

87-2-530 . Class F--nonresident wildlife management area shed hunting license. (1) A person who is not a resident as defined in 87-2-102 , on payment of a $50 fee, is entitled to receive a Class F license that authorizes the holder of the license to shed hunt as defined in 87-1-201 in a wildlife management area.

(2) A person found in violation of this section:

(a) for a first offense, must be given a warning;

(b) for a second offense, is guilty of a misdemeanor and shall be fined not more than twice the cost of a Class F license. In addition, the person, on conviction or forfeiture of bond or bail, may be subject to forfeiture of any current shed hunting license and the privilege to shed hunt in a wildlife management area for a period of time set by the court.

(c) for a third offense, is guilty of a misdemeanor and shall be fined not more than $500. In addition, the person, on conviction or forfeiture of bond or bail, shall forfeit any current shed hunting license and the privilege to shed hunt in a wildlife management area for a period of time set by the court.
Mont. Code Ann. § 87-1-214 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-214
87-1-214 Disclosure of information -- legislative finding -- large predators
Status: in_force

87-1-214 . Disclosure of information -- legislative finding -- large predators. (1) Except for information that is required by law to be reported to state or federal officials, the department may not disclose any information that may identify any person who obtains a permit or license to take a large predator as defined in 87-1-217 or who lawfully takes a large predator without the written consent of the person affected. Information that may not be disclosed includes but is not limited to a person's name, address, phone number, date of birth, social security number, and driver's license number.

(2) The legislature finds that the prohibition on disclosure of information pursuant to subsection (1) is necessary to protect an individual's privacy, safety, and welfare.

(3) The department may publish harvest locations of large predators at the hunting district level.
Mont. Code Ann. § 87-1-621 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-621
87-1-621 Forest management account
Status: in_force

87-1-621 . Forest management account. (1) There is a special revenue account called the forest management account to the credit of the department of fish, wildlife, and parks.

(2) The forest management account consists of money deposited into the account from forest management projects undertaken pursuant to 87-1-622 and from any other source. Any interest earned by the account must be deposited into the account.

(3) Except as otherwise directed by state or federal law, funds from the forest management account must be used by the department to implement forest management projects that may result pursuant to the provisions of 87-1-622 .
Mont. Code Ann. § 87-5-716 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-716
87-5-716 Consultation with departments of agriculture, public health and human services, and livestock
Status: in_force

87-5-716 . Consultation with departments of agriculture, public health and human services, and livestock. The commission and the department shall consult with the departments of agriculture, public health and human services, and livestock in all matters relating to the control of wildlife species and exotic wildlife that may have a harmful effect on agricultural production or livestock operations in the state or that may pose a risk to human health or safety.
Mont. Code Ann. § 87-4-803 — MT Code / Title 87 / Chapter 4 / Part 8 / Section 87-4-803
87-4-803 Permits
Status: in_force

87-4-803 . (Temporary) Permits. (1) The department may grant permits for roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos. Application for a permit must be made to the director on a form prescribed by the director. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25. Permits expire on December 31 but may be renewed upon payment of the annual fee and submission of a renewal application. This section does not apply to the United States, the state of Montana, or any county or city. A person who subscribes to any false statement in application for a permit is subject to the provisions of 87-6-715 and may be denied a permit.

(2) (a) A permit application for a roadside menagerie must include:

(i) the applicant's name and address;

(ii) the exact location of the facility;

(iii) a list of species and the number of animals to be held in the facility;

(iv) the type of facility contemplated, including cage specifications;

(v) a copy of all required federal permits for exhibition of wild animals; and

(vi) a copy of a liability insurance policy to cover bodily injury or property damage.

(b) A permit application for a wild animal menagerie must include:

(i) the applicant's name and address;

(ii) the exact location of the facility, together with the nature of the applicant's title to the land, whether in fee, under lease, by contract for deed, or otherwise;

(iii) a list of species and the number of animals to be held in the facility;

(iv) the type of facility contemplated, including cage specifications; and

(v) information demonstrating that the applicant is responsible.

(c) A permit application for a wildlife sanctuary or a zoo must include:

(i) the applicant's name and address;

(ii) the exact location of the facility;

(iii) a copy of the nonprofit corporation documents approved by the secretary of state's office;

(iv) a copy of the required federal permits for exhibition of wild animals; and

(v) if applicable, a copy of the association of zoos and aquariums, the zoological association of America, the American sanctuary association, or the global federation of animal sanctuaries accreditation program specific to the facility.

(3) Renewal applications for roadside menageries and wild animal menageries must include an accounting of all wild animals on the facility.

(4) A permit may not be granted by the department until it has satisfactorily verified that the provisions for housing and caring for the animals and for protecting the public are proper and adequate and in accordance with the standards established by the department.

(5) A permit is not transferable to another person.
Mont. Code Ann. § 87-5-502 — MT Code / Title 87 / Chapter 5 / Part 5 / Section 87-5-502
87-5-502 Notice of construction or hydraulic projects
Status: in_force

87-5-502 . Notice of construction or hydraulic projects. An agency of state government, county, municipality, or other subdivision of the state of Montana, hereafter called applicant, shall not construct, modify, operate, maintain, or fail to maintain any construction project or hydraulic project which may or will obstruct, damage, diminish, destroy, change, modify, or vary the natural existing shape and form of any stream or its banks or tributaries by any type or form of construction without first causing notice of such planned construction to be served upon the department on forms furnished by the department as soon as preliminary plans are completed but not less than 60 days prior to commencement of final plans for construction. Such notice shall include detailed plans and specifications of so much of said project as may or will affect any such stream in any manner specified above.
Mont. Code Ann. § 87-6-705 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-705
87-6-705 Alternative livestock ranch offenses
Status: in_force

87-6-705 . Alternative livestock ranch offenses. (1) A person may not purposely or knowingly violate any provision of or rule adopted pursuant to Title 87, chapter 4, part 4, pertaining to the licensure or operation of an alternative livestock ranch.

(2) In addition to license revocation or other penalties allowed by 87-4-427 , a person who purposely or knowingly violates this section shall be fined not more than $1,000 or be imprisoned in the county jail for not more than 1 year, or both.

(3) Any violation of 87-6-206 regarding the sale of an animal in connection with an alternative livestock ranch is subject to prosecution and penalties under that section.
Mont. Code Ann. § 87-6-917 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-917
87-6-917 Privileges of juveniles
Status: in_force

87-6-917 . Privileges of juveniles. A mandatory forfeiture of privileges imposed pursuant to this chapter does not apply to juveniles. However, the court may, at its discretion, order forfeiture of a juvenile's current hunting, fishing, or trapping licenses issued by this state and the juvenile's privilege to hunt, fish, or trap in this state upon conviction or forfeiture of bond or bail for a violation of this title.
Mont. Code Ann. § 87-5-102 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-102
87-5-102 Definitions
Status: in_force

87-5-102 . Definitions. As used in this part, the following definitions apply:

(1) "Account" means the nongame wildlife account established in 87-5-121 .

(2) "Commercial purposes" means the collection, harvest, possession, or transportation of a species or subspecies of nongame wildlife from the wild with the intent to barter, offer for sale, ship or transport for eventual sale, or sell the animal or any part of the animal.

(3) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.

(4) "Endangered species" means a species or subspecies of wildlife that is actively threatened with extinction due to any of the following factors:

(a) the destruction, drastic modification, or severe curtailment of its habitat;

(b) its overutilization for scientific, commercial, or sporting purposes;

(c) the effect on it of disease, pollution, or predation;

(d) other natural or artificial factors affecting its prospects of survival or recruitment within the state; or

(e) any combination of the foregoing factors.

(5) "Management" means the collection and application of biological information for the purposes of conserving populations of wildlife consistent with other uses of land and habitat. The term includes the entire range of activities that constitute a modern scientific resource program, including but not limited to research, census, law enforcement, habitat improvement, control, and education. The term also includes the periodic protection of species or populations as well as regulated taking.

(6) "Nongame wildlife" means a wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this state. Animals designated by statute or regulation of this state as predatory in nature are not classified as nongame wildlife for purposes of this part.

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

(8) "Take" means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife.

(9) "Wildlife" means a wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or any part, product, egg, or offspring or the dead body or parts of the animal.
Mont. Code Ann. § 87-4-1002 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1002
87-4-1002 Fur farm license required -- applicability
Status: in_force

87-4-1002 . Fur farm license required -- applicability. (1) Except as provided in subsection (2), a person may not own, control, or propagate furbearers unless the person holds a current fur farm license from the department.

(2) This part does not apply to the ownership, control, or propagation of furbearers if the ownership, control, or propagation is not for the sale or conveyance of furbearers or parts of furbearers.

(3) A person who violates this section is subject to the penalties provided in 87-6-717 .
Mont. Code Ann. § 87-1-255 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-255
87-1-255 Purpose
Status: in_force

87-1-255 . Purpose. The legislature finds that the conservation of rivers and their fisheries is of vital social and economic importance to Montana. The legislature further finds that some of our state's rivers and fisheries are diminished in value by water pollution, water shortages, and riparian erosion and that there is a need for a program to promote the beneficial use and productivity of our river systems. The legislature further finds that establishment of a river restoration program, funded by anglers from across the state and nation, is a sound and proper method to help ensure that the rivers and fisheries that anglers and others have treasured for Montana's first 100 years will continue to serve the state and its people.
Mont. Code Ann. § 87-6-923 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-923
87-6-923 Suspension by administrative authority -- notice and surrender of license or permit
Status: in_force

87-6-923 . Suspension by administrative authority -- notice and surrender of license or permit. If an administrative authority suspends a license, permit, or privilege to obtain a license or permit issued under this title, the administrative authority or the department shall notify the person of the suspension and the person shall surrender the license or permit to the department within 10 days.
Mont. Code Ann. § 87-1-258 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-258
87-1-258 River restoration account
Status: in_force

87-1-258 . River restoration account. (1) There is a river restoration special revenue account administered by the department within the state special revenue fund established in 17-2-102 .

(2) There must be deposited in the account:

(a) all proceeds earmarked for this account under 87-2-301 , 87-2-302 , and 87-2-711 ; and

(b) money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of this account.

(3) The department may spend funds in the account only to carry out the program provided for in 87-1-257 .
Mont. Code Ann. § 87-5-601 — MT Code / Title 87 / Chapter 5 / Part 6 / Section 87-5-601
87-5-601 Short title
Status: in_force

87-5-601 . Short title. This part may be cited as the "Fish, Wildlife, and Parks Crimestoppers Act".
Mont. Code Ann. § 87-5-902 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-902
87-5-902 Legislative findings and purpose
Status: in_force

87-5-902 . Legislative findings and purpose. (1) The legislature finds that it is in the best interests of Montana's economy, the economic stability of school trust lands, and sage grouse conservation and management to enact the Montana Greater Sage-Grouse Stewardship Act.

(2) The purpose of this act is to provide competitive grant funding and establish ongoing free-market mechanisms for voluntary, incentive-based conservation measures that emphasize maintaining, enhancing, restoring, expanding, and benefiting sage grouse habitat and populations on private lands, and public lands as needed, that lie within core areas, general habitat, or connectivity areas.
Mont. Code Ann. § 87-6-203 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-203
87-6-203 Unlawful taking, killing, trapping, labeling, or packaging of fur-bearing animal or pelt
Status: in_force

87-6-203 . Unlawful taking, killing, trapping, labeling, or packaging of fur-bearing animal or pelt. (1) A person convicted of purposely, knowingly, or negligently taking, killing, trapping, labeling, or packaging a fur-bearing animal or the pelt of a fur-bearing animal in violation of any provision of this title shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.

(2) A person convicted of unlawful taking of more than double the legal bag limit of a fur-bearing animal may be subject to the additional penalties provided in 87-6-901 and 87-6-902 .

(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. § 87-5-804 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-804
87-5-804 Wildlife habitat improvement projects -- ranking
Status: in_force

87-5-804 . Wildlife habitat improvement projects -- ranking. (1) The council shall rank wildlife habitat improvement project proposals pursuant to 87-5-806 and according to rules adopted by the department pursuant to 87-5-808 and make funding recommendations to the department.

(2) In ranking the projects, the council shall give preference to projects in wildlife habitat that include:

(a) public access;

(b) the number of project partners involved; and

(c) the amount of additional funding provided to carry out a project.

(3) Factors providing for preference under subsection (2) may not be considered mandatory.
Mont. Code Ann. § 87-2-525 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-525
87-2-525 Nonresident college student licenses
Status: in_force

87-2-525 . Nonresident college student licenses. (1) Subject to the provisions of subsection (2), a student who is not a resident, as defined in 87-2-102 , and who meets the qualifications of subsection (3) may purchase discounted hunting and fishing licenses as follows:

(a) If the student's state of residence does not offer resident-rate licenses to Montanans who are full-time college students in that state, the student may purchase the following for one-half of the cost:

(i) one of the following:

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

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

(C) a nonresident elk-only combination license;

(ii) if available:

(A) a Class B-8 nonresident deer B tag; and

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

(b) If the student's state of residence offers resident-rate licenses to Montanans who are full-time college students in that state and as long as a drawing for the equivalent resident license is not required, the student may purchase for the same price as the equivalent resident license:

(i) (A) any of the following:

(I) a Class B-30 nonresident college student fishing license;

(II) a Class B-31 nonresident college student upland game bird license;

(III) a Class B-32 nonresident college student deer A tag; and

(IV) a Class B-33 nonresident college student elk tag; or

(B) a Class B-34 nonresident college student big game combination license that entitles the holder to all the privileges of the licenses listed in subsection (1)(b)(i)(A) and a nonresident conservation license;

(ii) a Class B-35 nonresident college student migratory game bird license;

(iii) a Class B-36 nonresident college student turkey tag;

(iv) a Class B-37 nonresident college student deer B tag; and

(v) a Class B-38 nonresident college student antlerless elk B tag.

(2) (a) The holder of a license purchased pursuant to this section is entitled to use that license to hunt or fish, as relevant, and to possess the carcass of the species taken in the manner prescribed by the rules and regulations of the commission and department.

(b) A student may not purchase a license pursuant to this section for more than 4 license years.

(3) (a) To qualify for a license issued pursuant to this section, a student may not possess or apply for any resident hunting, fishing, or trapping licenses from another state or country or exercise resident hunting, fishing, or trapping privileges in another state or country and must:

(i) be currently enrolled as a full-time undergraduate student at a postsecondary educational institution in Montana, with 12 credits or more being considered full-time;

(ii) be currently enrolled as a full-time graduate student at a postsecondary educational institution in the state, with 9 credits or more being considered full-time unless otherwise defined by the academic department in which the student is enrolled; or

(iii) (A) have a natural or adoptive parent who currently is a Montana resident, as defined in 87-2-102 ;

(B) have a high school diploma from a Montana public, private, or home school or can provide certified verification that the applicant has a high school equivalency diploma issued in Montana; and

(C) be currently enrolled as a full-time student at a postsecondary educational institution in another state.

(b) A student is not eligible to receive a license pursuant to this section if the student is enrolled in a degree program that is exclusively delivered online.

(4) Application for a license issued pursuant to this section may be made after the second Monday in September. To qualify, the applicant shall supply a copy of a valid student identification card and verification of current full-time enrollment at a postsecondary educational institution as required by the department.

(5) Class B-10 and Class B-11 licenses issued pursuant to this section are not included in the limit on the number of available Class B-10 and Class B-11 licenses issued pursuant to 87-2-505 and 87-2-510 . Nonresident elk-only combination licenses issued pursuant to this section are in addition to nonresident elk-only combination licenses available for sale pursuant to 87-2-511 .
Mont. Code Ann. § 87-5-911 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-911
87-5-911 Compensatory mitigation -- findings
Status: in_force

87-5-911 . Compensatory mitigation -- findings. (1) The legislature finds that allowing a project developer to provide compensatory mitigation for the debits of a project is consistent with the purpose of incentivizing voluntary conservation measures for sage grouse habitat and populations. The project developer may provide compensatory mitigation by:

(a) using the habitat quantification tool to calculate the debits attributable to the project; and

(b) under a mitigation plan approved by the oversight team, offsetting those debits in whole or in part by:

(i) purchasing an equal number of credits from a habitat exchange authorized by the United States fish and wildlife service or from the available credits tracked by the oversight team pursuant to 87-5-904 . Payments received for credits tracked by the oversight team must be deposited in the sage grouse stewardship account established in 87-5-909 .

(ii) if sufficient conservation credits are unavailable for purchase, making a financial contribution to the sage grouse stewardship account established in 87-5-909 that is equal to the average cost of the credits that would otherwise be required;

(iii) providing funds to establish a habitat exchange or finance a conservation project for the purpose of creating credits to offset debits. However, the funds may not be used to subsidize mitigation by or decrease the mitigation obligations of any party involved in the project.

(iv) undertaking other mitigation options identified and approved by the oversight team, including but not limited to sage grouse habitat enhancement, participation in a conservation bank, or funding stand-alone mitigation actions.

(2) All mitigation undertaken pursuant to this section must be taken in consideration of applicable United States fish and wildlife service sage grouse policies, state law, and any rules adopted pursuant to this part.

(3) A mitigation action taken under this section must be conducted within general habitat, core areas, or connectivity areas.

(4) A project developer may submit alternative locations for a project to compare the compensatory mitigation requirements of each and choose which alternative to develop based upon that information.
Mont. Code Ann. § 87-1-285 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-285
87-1-285 Fishing access enhancement program created -- private landowner assistance to promote public fishing access -- rules
Status: in_force

87-1-285 . Fishing access enhancement program created -- private landowner assistance to promote public fishing access -- rules. (1) The department may establish programs of landowner assistance that encourage public access to and across private lands for purposes of fishing and may adopt rules to carry out program purposes. Rules may address but are not limited to incentives for private landowners who allow public fishing access on or across their lands, where legal access does not presently exist. Participation in the fishing access enhancement program is established through a cooperative agreement between a landowner and the department, including other resource management agencies when appropriate, that allows access for public fishing with certain restrictions or use rules.

(2) The department may also develop similar voluntary programs that are designed to promote public access across private lands for fishing purposes.

(3) Participation in a program established under subsection (1) is voluntary. Programs may not be structured in a manner that provides assistance to a private landowner who charges a fee for fishing access to private land that is enrolled in the program or who does not provide reasonable public fishing access to private land that is enrolled in the program. The commission shall develop criteria by which tangible benefits are allocated to participating landowners, and the department may distribute the benefits to participating landowners.

(4) Funds from the account established pursuant to 87-1-605 may be used to purchase or lease public fishing access at county road bridge crossings or for necessary parking facilities, trails, or ramps to facilitate fishing access to public waters at bridge crossings.
Mont. Code Ann. § 87-1-601 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-601
87-1-601 Use of fish and game money
Status: in_force

87-1-601 . Use of fish and game money. (1) (a) Except as provided in 87-1-290 , 87-1-293 , 87-1-623 , 87-1-298 , and subsections (8) and (10) of this section, all money collected or received from the sale of hunting and fishing licenses or permits, from the sale of seized game or hides, from damages collected for violations of the fish and game laws of this state, or from appropriations or received by the department from any other state source must be turned over to the department of revenue and placed in the state special revenue fund to the credit of the department.

(b) Any money received from federal sources must be deposited in the federal special revenue fund to the credit of the department.

(c) All interest earned on money from the following sources must be placed in the state special revenue fund to the credit of the department:

(i) the general license account;

(ii) the license drawing account;

(iii) accounts established to administer the provisions of 87-1-246 , 87-1-258 , 87-1-605 , 87-2-411 , 87-2-722 , and 87-2-724 ; and

(iv) money received from the sale of any other hunting and fishing license.

(2) Except as provided in 87-2-411 , the money described in subsection (1) must be exclusively set apart and made available for the payment of all salaries, per diem, fees, expenses, and expenditures authorized to be made by the department under the terms of this title. The money described in subsection (1) must be spent for those purposes by the department, subject to appropriation by the legislature.

(3) Any reference to the fish and game fund in Title 87 means fish and game money in the state special revenue fund and the federal special revenue fund.

(4) Except as provided in subsections (8) and (9), all money collected or received from fines and forfeited bonds, except money collected or received by a justice's court, that relates to violations of state fish and game laws under Title 87 must be deposited by the department of revenue and credited to the department in a state special revenue fund account for this purpose. Out of any fine imposed by a court for the violation of the fish and game laws, the costs of prosecution must be paid to the county where the trial was held in any case in which the fine is not imposed in addition to the costs of prosecution.

(5) (a) Except as provided in 87-1-621 , section 2(3), Chapter 560, Laws of 2005, and subsection (6) of this section, money must be deposited in an account in the permanent fund if it is received by the department from:

(i) the sale of surplus real property;

(ii) exploration or development of oil, gas, or mineral deposits from lands acquired by the department, except royalties or other compensation based on production; and

(iii) leases of interests in department real property not contemplated at the time of acquisition.

(b) The interest derived from the account, but not the principal, may be used only for the purpose of operation, development, and maintenance of real property of the department and only upon appropriation by the legislature. If the use of money as set forth in this section would result in violation of applicable federal laws or state statutes specifically naming the department or money received by the department, then the use of this money must be limited in the manner, method, and amount to those uses that do not result in a violation.

(6) Money received from the sale or lease of lands acquired and managed for the purposes of Title 23, chapter 1, must be deposited in the state special revenue fund in the account established for miscellaneous funds received for state parks and may be used only for the purposes of Title 23, chapter 1.

(7) Money received from the collection of license drawing applications is subject to the deposit requirements of 17-6-105 (6) unless the department has submitted and received approval for a modified deposit schedule pursuant to 17-6-105 (8).

(8) Money collected or received from fines or forfeited bonds for the violation of 77-1-801 , 77-1-806 , or rules adopted under 77-1-804 must be deposited in the state general fund.

(9) The department of revenue shall deposit in the state general fund one-half of the money received from the fines imposed pursuant to Title 87, chapter 6.

(10) The department shall deposit all money received from the voluntary search and rescue donation in 87-2-202 in a state special revenue account to the credit of the department for search and rescue purposes as provided for in 10-3-801 .
Mont. Code Ann. § 87-1-279 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-279
87-1-279 Program rules
Status: in_force

87-1-279 . Program rules. (1) The department may not use more than 15% of the program funds for administration.

(2) The department shall develop a simple application procedure and accountability system.

(3) The department shall make every effort to expend or obligate funds for shooting range improvement grants within the year for which they are appropriated.

(4) The department shall prioritize grant applications according to those that provide facilities for the greatest number of shooters, that accommodate the use of a combination of hunting arms, and that meet other criteria established by the department.

(5) The department may not grant more than 30% of the eligible funds for the establishment or improvement of any single facility in any year.

(6) The department shall promote the use of publicly owned land for shooting range facilities. The department may negotiate with federal, state, and local agencies to encourage land trades, shared or specific use designations, and other mechanisms to provide land for shooting range facilities.
Mont. Code Ann. § 87-5-711 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-711
87-5-711 Control of importation for introduction and transplantation or introduction of wildlife
Status: in_force

87-5-711 . Control of importation for introduction and transplantation or introduction of wildlife. (1) Except as otherwise provided, the importation for introduction or the transplantation or introduction of any wildlife is prohibited unless the commission determines, based upon scientific investigation and after public hearing, that a species of wildlife poses no threat of harm to native wildlife and plants or to agricultural production and that the transplantation or introduction of a species has significant public benefits.

(2) With regard to the transplantation or introduction of a fish species not previously legally transplanted to a specific water body within the state or not previously legally introduced to the state, the requirement for scientific investigation in subsection (1) may be satisfied only by completion of an environmental review conforming to the provisions of Title 75, chapter 1, part 2.
Mont. Code Ann. § 87-4-703 — MT Code / Title 87 / Chapter 4 / Part 7 / Section 87-4-703
87-4-703 Evidence of lawful possession of game
Status: in_force

87-4-703 . Evidence of lawful possession of game. Each merchant, hotelkeeper, or restaurant keeper who possesses and offers for sale any game or game birds shall produce upon demand, for the inspection of any game warden, deputy game warden, or sheriff, the receipt or record and shipping and transportation receipts required in 87-4-704 to be kept by the person. A failure or refusal to produce the receipts upon demand, coupled with the possession and offering for sale of game or game birds, is prima facie evidence of the violation of this part.
Mont. Code Ann. § 87-4-422 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-422
87-4-422 Rulemaking
Status: in_force

87-4-422 . Rulemaking. (1) The department may adopt and enforce rules that are necessary to implement the provisions of this part over which the department has primary jurisdiction and to coordinate regulation of alternative livestock ranches with the department of livestock.

(2) The department of livestock may adopt and enforce rules that are necessary to implement the provisions of this part over which the department of livestock has primary jurisdiction and to coordinate regulation of alternative livestock ranches with the department of fish, wildlife, and parks.
Mont. Code Ann. § 87-1-271 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-271
87-1-271 Annual lottery of hunting licenses -- proceeds dedicated to hunting access
Status: in_force

87-1-271 . Annual lottery of hunting licenses -- proceeds dedicated to hunting access. (1) The commission may issue through a lottery one license each year for each of the following:

(a) deer;

(b) elk;

(c) shiras moose;

(d) mountain sheep;

(e) mountain goat;

(f) wild buffalo or bison;

(g) antelope; and

(h) mountain lion.

(2) The restriction in 87-2-702 (4) that a person who receives a moose, mountain goat, or mountain sheep special license is not eligible to receive another license for that species for the next 7 years does not apply to a person who receives a license through a lottery conducted pursuant to this section.

(3) The commission shall establish rules regarding:

(a) the conduct of the lottery authorized in this section;

(b) the use of licenses issued through the lottery; and

(c) the price of lottery tickets.

(4) Except as provided in 87-2-903 , all proceeds from a lottery conducted pursuant to this section must be used by the department for hunting access programs and law enforcement.
Mont. Code Ann. § 87-6-703 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-703
87-6-703 Taxidermist offenses
Status: in_force

87-6-703 . Taxidermist offenses. (1) A person convicted of a violation of 87-4-201 related to the licensing and recordkeeping of taxidermists shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.

(2) In addition to the penalties in subsection (1), the taxidermist's license of the person convicted may be revoked by the court.
Mont. Code Ann. § 87-1-290 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-290
87-1-290 Hunting access account
Status: in_force

87-1-290 . Hunting access account. (1) There is a hunting access account in the state special revenue fund. Funds deposited in this account must be used for the purpose of funding any hunting access program.

(2) The following funds must be deposited in the account:

(a) 28.5% of the fee for Class B-10 nonresident big game combination licenses pursuant to 87-2-505 and 28.5% of the fee for Class B-11 nonresident deer combination licenses pursuant to 87-2-510 ;

(b) 28.5% of the fee for hunting licenses issued to nonresident relatives of a resident pursuant to 87-2-514 ;

(c) the hunting access fees collected pursuant to 87-2-116 ; and

(d) limited drawing refunds received pursuant to 87-2-124 .

(3) Any interest or income earned on the account must be deposited in the account.
Mont. Code Ann. § 87-2-603 — MT Code / Title 87 / Chapter 2 / Part 6 / Section 87-2-603
87-2-603 Class C-2--nonresident trapper's license -- reciprocity
Status: in_force

87-2-603 . Class C-2--nonresident trapper's license -- reciprocity. (1) A person not a resident, as defined in 87-2-102 , who is 12 years of age or older, on making application and payment of a fee of $250 to the department, is entitled to a nonresident trapper's license that authorizes the holder to trap and snare predatory animals, nongame wildlife, and, subject to the provisions of subsection (2), certain fur-bearing species within the state. The trapping or snaring is permitted only after October 15 of each license year and in the manner provided by law and the rules of the commission and at the places that may be designated in the license.

(2) A person seeking a license to trap fur-bearing species under this subsection (2) shall:

(a) provide a notarized affidavit on a form approved by the department listing the person's legal residence, including the state;

(b) (i) provide documentation that the person's resident state issues nonresident trapping licenses that allow Montana residents to trap the same species for which the person seeks to trap in Montana; or

(ii) attest on the affidavit that the person's resident state does not offer reciprocity for trapping the fur-bearing species the person seeks to trap in Montana because the species does not exist in the resident state; and

(c) provide evidence that the person completed a trapping education course that is equivalent to the trapping education requirements for residents.
Mont. Code Ann. § 87-1-266 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-266
87-1-266 License benefits for landowners enrolled in block management program -- rulemaking
Status: in_force

87-1-266 . (Temporary) License benefits for landowners enrolled in block management program -- rulemaking. (1) As a benefit for enrolling property in the block management program established in 87-1-265 , a resident landowner may receive one conservation license and one Class AAA combination sports license and the necessary prerequisites, without charge, if the landowner is the owner of record. The licenses may be used for the full hunting or fishing season in any district where they are valid. The licenses may not be transferred by gift or sale.

(2) As a benefit for enrolling property in the block management program, a nonresident landowner may receive one conservation license and one Class B-10 nonresident big game combination license and the necessary prerequisites, without charge, if the landowner is the owner of record. The licenses may be used for the full hunting or fishing season in any district where they are valid. The licenses may not be transferred by gift or sale. The grant of a license under this subsection also qualifies the licensee to apply for a permit through the normal drawing process. The grant of a license under this subsection does not affect the limits established under 87-2-505 .

(3) (a) Instead of receiving the benefits provided in subsection (1) or (2), a landowner of record who enrolls in the block management program may designate an immediate family member or employee to receive, without charge, a conservation license and the necessary prerequisites and:

(i) a Class AAA combination sports license if the designated person is a resident; or

(ii) a Class B-10 nonresident big game combination license if the designated person is a nonresident.

(b) For purposes of this subsection (3), an immediate family member means a parent, grandparent, child, or grandchild of the cooperator by blood or marriage, a spouse, a legally adopted child, a sibling of the cooperator or spouse, or a niece or nephew.

(c) For purposes of this subsection (3), the term "employee" means a person who works full time and year-round for the landowner as part of the active farm or ranch operation enrolled in the block management program.

(d) An immediate family member or employee who is designated to receive a license pursuant to this subsection (3) must be eligible for licensure under current Montana law and may not transfer the license by gift or sale.

(e) The grant of a Class B-10 nonresident big game combination license to an immediate family member or employee pursuant to this subsection (3) does not affect the limits established in 87-2-505 .

(4) The department may by rule limit the overall number of licenses that can be provided to landowners pursuant to this section.

(5) For the purposes of this section, the term "necessary prerequisites" includes:

(a) the base hunting license established in 87-2-116 ;

(b) the aquatic invasive species prevention pass established in 87-2-130 ; and

(c) the conservation license established in 87-2-201 .
Mont. Code Ann. § 87-6-916 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-916
87-6-916 Costs of imprisonment
Status: in_force

87-6-916 . Costs of imprisonment. Subject to sentencing restrictions, the court shall order a person who is convicted pursuant to this chapter to pay the costs of imprisonment under this chapter.
Mont. Code Ann. § 87-6-501 — MT Code / Title 87 / Chapter 6 / Part 5 / Section 87-6-501
87-6-501 Fishing offenses
Status: in_force

87-6-501 . Fishing offenses. (1) Except when specifically authorized by law or by commission rule, a person may not:

(a) fish by any means other than by hook and single line or single rod, in hand or within immediate control. This does not prevent:

(i) fishing from a boat or the shore on a lake or reservoir by hook and two lines or two rods, in hand or within immediate control, in accordance with rules that the commission adopts;

(ii) the snagging of paddlefish, chinook salmon, and kokanee (sockeye salmon) when the commission declares an open season when paddlefish, chinook salmon, and kokanee (sockeye salmon) may be taken by snagging;

(iii) the taking of paddlefish, channel catfish, and nongame fish with longbow and arrow under rules and regulations that the commission adopts;

(iv) the use of landing net or gaff to land a game fish after the game fish has been hooked as specified in this subsection (1)(a);

(v) the taking of minnows other than game fish variety by the use or aid of a net not to exceed 12 feet in length and 4 feet in width in waters designated by the commission;

(vi) the taking of whitefish by nets or traps in the Kootenai River and in its tributary streams within 1 mile of the Kootenai River under the rules and regulations that the commission adopts;

(vii) the taking of any game fish through a hole in ice with an unattended line or rod as long as the angler is in the vicinity and within visual contact of the line or rod; or

(viii) the taking of salmon and lake trout in Fort Peck reservoir by spear or gig from December through March under rules and regulations that the commission adopts.

(b) unlawfully use any fishing rod and line, fishing lines, spear, gig, or barbed fork;

(c) take or catch fish using fishtraps, grabhooks, spears, gigs, or other similar means for catching fish;

(d) use any gun or trap or other device to entrap, catch, capture, or take or to attempt to entrap, catch, capture, or take any game fish;

(e) have in the person's possession or under the person's control a seine, net, or other similar device for capturing fish. A seine or net found in a vehicle, at the camp, or on the premises of a person is prima facie evidence that the seine, net, or similar device belongs to the person or persons occupying the camp or premises. This subsection (1)(e) does not apply to:

(i) a license holder for a private fish pond who is licensed to sell fish and eggs under 87-4-603 ;

(ii) a person with an unexpired seine or net license;

(iii) the use, by any person, of a landing net in connection with or in addition to a pole, line, and hooks in fishing for game fish; or

(iv) the possession of traps, seines, or nets when found in the vicinity of any waters in which the commission has designated that traps, seines, or nets may be used for the taking of nongame fish or game fish.

(f) take or catch fish with a hook baited with any poisonous substance or using any poisonous substance, including fish berries;

(g) use archery equipment prohibited by rule of the commission to fish; or

(h) use any carbide, lime, giant powder, dynamite, or other explosive compounds or any corrosive or narcotic poison or other deleterious substance or have any of the enumerated items in the person's possession within 100 feet of any stream where fish are found for the purpose of catching, stunning, or killing fish. This subsection (1)(h) does not apply to anyone authorized by the department to conduct lake or stream surveys or to control undesirable or overpopulated species of fish.

(2) The possession of a fishing rod and line, spear, gig, or barbed fork on the banks or shores of a stream or lake is prima facie evidence that the person or persons in whose possession these implements are found were using the implements to fish.

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

(4) A 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. § 87-1-209 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-209
87-1-209 Acquisition and sale of lands or waters
Status: in_force

87-1-209 . Acquisition and sale of lands or waters. (1) (a) Subject to 87-1-218 and subsection (8) of this section, the department, with the consent of the commission or the board, may acquire for the purpose listed in subsection (1)(b):

(i) land or water by purchase, lease, agreement, gift, transfer, or devise. In the case of land acquisition involving more than 500 acres or land or water acquisition of more than $1 million in value, the approval of the board of land commissioners is also required.

(ii) easements on lands or waters. In the case of easements for which more than $1 million in state funds will be used for the acquisition, the approval of the board of land commissioners is also required. The department shall inform the board of land commissioners of the pending easement once it receives initial endorsement from the commission or board.

(b) The department may develop, operate, and maintain acquired lands or waters:

(i) for fish hatcheries or nursery ponds;

(ii) as lands or water suitable for game, bird, fish, or fur-bearing animal restoration, propagation, or protection;

(iii) for public hunting, fishing, or trapping areas;

(iv) to capture, propagate, transport, buy, sell, or exchange any game, birds, fish, fish eggs, or fur-bearing animals needed for propagation or stocking purposes or to exercise control measures of undesirable species;

(v) for state parks and outdoor recreation;

(vi) to extend and consolidate by exchange, lands or waters suitable for these purposes.

(2) The department, with the consent of the board, may acquire by condemnation, as provided in Title 70, chapter 30, lands or structures for the preservation of historic or archaeological sites that are threatened with destruction or alteration.

(3) (a) Subject to section 2(3), Chapter 560, Laws of 2005, the department, with the consent of the commission or the board, may dispose of lands and water rights acquired by it on those terms after public notice as required by subsection (3)(b) of this section, without regard to other laws that provide for sale or disposal of state lands and with or without reservation, as it considers necessary and advisable. The department, with the consent of the commission or the board, may convey department lands and water rights for full market value to other governmental entities or to adjacent landowners without regard to the requirements of subsection (3)(b) or (3)(c) if the land is less than 10 acres or if the full market value of the interest to be conveyed is less than $20,000. When the department conveys land or water rights to another governmental entity or to an adjacent landowner pursuant to this subsection, the department, in addition to giving notice pursuant to subsection (3)(b), shall give notice by mail to the landowners whose property adjoins the department property being conveyed.

(b) Subject to section 2(3), Chapter 560, Laws of 2005, notice of sale describing the lands or waters to be disposed of must be published once a week for 3 successive weeks in a newspaper with general circulation printed and published in the county where the lands or waters are situated or, if a newspaper is not published in that county, then in any newspaper with general circulation in that county.

(c) The notice must advertise for cash bids to be presented to the director within 60 days from the date of the first publication. Each bid must be accompanied by a cashier's check or cash deposit in an amount equal to 10% of the amount bid. The highest bid must be accepted upon payment of the balance due within 10 days after mailing notice by certified mail to the highest bidder. If that bidder defaults on payment of the balance due, then the next highest bidders must be similarly notified in succession until a sale is completed. Deposits must be returned to the unsuccessful bidders except bidders defaulting after notification.

(d) The department shall reserve the right to reject any bids that do not equal or exceed the full market value of the lands and waters as determined by the department. If the department does not receive a bid that equals or exceeds fair market value, it may then sell the lands or water rights at private sale. The price accepted on any private sale must exceed the highest bid rejected in the bid process.

(4) When necessary and advisable for the management and use of department property, the director is authorized to grant or acquire from willing sellers right-of-way easements for purposes of utilities, roads, drainage facilities, ditches for water conveyance, and pipelines if the full market value of the interest to be acquired is less than $20,000. Whenever possible, easements must include a weed management plan. Approval of the commission or the board is not required for grants and acquisitions made pursuant to this subsection. In granting any right-of-way pursuant to this subsection, the department shall obtain a fair market value, but the department is not otherwise required to follow the disposal requirements of subsection (3). The director shall report any easement grant or acquisition made pursuant to this subsection to the commission or the board at its next regular meeting.

(5) The department shall convey lands and water rights without covenants of warranty by deed executed by the governor or in the governor's absence or disability by the lieutenant governor, attested by the secretary of state and further countersigned by the director.

(6) Subject to 87-1-218 , the department, with the consent of the commission, is authorized to utilize the installment contract method to facilitate the acquisition of wildlife management areas in which game and nongame fur-bearing animals and game and nongame birds may breed and replenish and areas that provide access to fishing sites for the public. The total cost of installment contracts may not exceed the cost of purchases authorized by the department and appropriated by the legislature.

(7) The department is authorized to enter into leases of land under its control in exchange for services to be provided by the lessee on the leased land.

(8) Approval of the board for the acquisition or disposal of land or water pursuant to this section is required only for land and water administered under Title 23, chapter 1, or Title 23, chapter 2, parts 1 and 4.
Mont. Code Ann. § 87-1-218 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-218
87-1-218 Notice of proposed land acquisitions
Status: in_force

87-1-218 . Notice of proposed land acquisitions. (1) For all land acquisitions proposed pursuant to 87-1-209 , the department shall provide notice to the board of county commissioners in the county where the proposed acquisition is located.

(2) The notice must be provided at least 30 days before the proposed acquisition appears before the commission or the board for its consent.

(3) The notice must include:

(a) a description of the proposed acquisition, including acreage and the use proposed by the department;

(b) an estimate of the measures and costs the department plans to undertake in furtherance of the proposed use, including operating, staffing, and maintenance costs;

(c) an estimate of the property taxes payable on the proposed acquisition and a statement that if the department acquires the land pursuant to 87-1-603 , the department would pay a sum equal to the amount of taxes that would be payable on the county assessment of the property if it was taxable to a private citizen; and

(d) a draft agenda of the meeting at which the proposed acquisition will be presented to the commission or the board and information on how the board of county commissioners may provide comment.

(4) For all land acquisitions of 640 acres or more proposed pursuant to 87-1-209 , the department shall:

(a) conduct a public scoping process to identify issues and concerns as the initial phase of an environmental review pursuant to Title 75, chapter 1, part 2;

(b) provide the public with sufficient notice of the proposed acquisition and an opportunity to provide input on reasonable alternatives, mitigation alternatives, mitigation measures, issues, and potential impacts to be addressed in the environmental review; and

(c) respond to comments received during the public scoping process as part of the environmental review document.
Mont. Code Ann. § 87-5-905 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-905
87-5-905 Montana sage grouse oversight team -- duties -- powers
Status: in_force

87-5-905 . Montana sage grouse oversight team -- duties -- powers. (1) The oversight team shall:

(a) cooperate with organizations to maintain, enhance, restore, expand, and benefit sage grouse habitat and populations;

(b) identify and map core areas, connectivity areas, and general habitat, subject to the approval of the governor;

(c) evaluate grant applications. As part of its evaluation, the oversight team shall solicit and consider the views of interested and affected persons and entities, including local, state, tribal, and federal governmental agencies, and boards, commissions, and other political subdivisions of the state;

(d) subject to the provisions of 87-5-909 , select grant applications to receive funding from the sage grouse stewardship account. The oversight team has the discretion to determine the amount of each grant in accordance with the provisions of this part and may attach conditions of use to the grant.

(e) review and decide whether to approve proposals for the transfer to or acceptance by the state of a fee simple interest in real property. The oversight team shall recommend an approved proposal to the board of land commissioners for a final determination. Prior to making a recommendation, the oversight team shall publish a notice in a newspaper of general circulation in the county in which the real property is located and provide an opportunity for public comment.

(f) review and decide whether to accept offers, from any source, in the form of grants, gifts, transfers, bequests, or donations of money, personal property, or an interest in real property other than a fee simple interest; and

(g) review and act upon compensatory mitigation plans proposed under 87-5-911 with a goal of no net loss of habitat and a net gain preferred. If a plan includes a financial contribution to the sage grouse stewardship account established in 87-5-909 , the oversight team shall, using the habitat quantification tool, determine how to secure enough credits with the financial contribution to offset the debits of the project.

(h) semiannually review the number of requests made by project developers for review of proposed projects for compensatory mitigation requirements. This semiannual review must include information on:

(i) how much time elapsed between the date the initial request was received and the date a proposed compensatory mitigation plan was referred to the oversight team for consideration;

(ii) how many projects did or did not proceed after the initial request; and

(iii) if a project did not proceed or a proposed compensatory mitigation plan was not referred to the oversight team, the reason why it did not proceed or was not referred.

(i) work with stakeholders to streamline the compensatory mitigation review process, including calculation of reduced mitigation costs for low-impact projects such as trenchless excavation; and

(j) monitor long-term staffing needs to effectively implement this part, as well as the costs and benefits of doing so.

(2) If a habitat exchange is authorized in Montana by the United States fish and wildlife service, the oversight team may transfer credits it is tracking pursuant to 87-5-904 (3) to the habitat exchange, provided that:

(a) the habitat exchange uses the habitat quantification tool to quantify and calculate the value of credits available for purchase; and

(b) if the United States fish and wildlife service revokes authorization of the habitat exchange, the balance of the credits held by the exchange that were transferred to it by the oversight team are transferred back to the oversight team or to another habitat exchange authorized by the United States fish and wildlife service.

(3) The oversight team shall retroactively calculate and make available credits for leases and conservation easements purchased with funds disbursed pursuant to this part after May 7, 2015, but prior to the adoption of rules under 87-5-904 .

(4) The oversight team shall seek a depredation order from the United States fish and wildlife service under the Migratory Bird Treaty Act of 1918, as necessary, to control common raven (Corvus corax) or black-billed magpie (Pica hudsonia) to reduce depredation on sage grouse populations and their nests.
Mont. Code Ann. § 87-6-902 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-902
87-6-902 Third offense penalties
Status: in_force

87-6-902 . Third offense penalties. (1) A person convicted of a third offense of any of the following offenses within 10 years of the first conviction is subject to the penalties provided in subsection (2):

(a) hunting during a closed season;

(b) taking an animal or hunting while using projected artificial light;

(c) hunting without a license; and

(d) unlawful taking of more than double the legal bag limit.

(2) A person convicted of the offenses in subsection (1) in the time period specified in subsection (1) shall be fined not less than $5,000 or more than $10,000 or be imprisoned in the county jail for not more than 1 year, 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 life.
Mont. Code Ann. § 87-1-501 — MT Code / Title 87 / Chapter 1 / Part 5 / Section 87-1-501
87-1-501 Selection and oath of wardens
Status: in_force

87-1-501 . Selection and oath of wardens. (1) Wardens must be selected from applicants who have passed an examination that may be required according to the rules adopted and promulgated by the department. A person may not be appointed as a warden until a certificate has been issued to the person by the department to the effect that the person has passed the required examination and is a fit and proper person to perform the duties of the office.

(2) Before entering upon their official duties, state fish and game wardens shall take and subscribe the constitutional oath of office and shall in addition swear or affirm that they hold no other position or office or any position under any political committee or party. The oath or affirmation must be filed in the office of the secretary of state.
Mont. Code Ann. § 87-5-909 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-909
87-5-909 Sage grouse stewardship account
Status: in_force

87-5-909 . Sage grouse stewardship account. (1) There is a sage grouse stewardship account in the state special revenue fund established in 17-2-102 . Money deposited in the account is statutorily appropriated, as provided in 17-7-502 , and, [except as provided in subsection (8),] must be used for the administration of and pursuant to the provisions of this part to maintain, enhance, restore, expand, or benefit sage grouse habitat and populations for the heritage of Montana and its people.

(2) The following funds must be deposited in the account:

(a) money received by the department in the form of grants, gifts, transfers, bequests, payments for credits or financial contributions made pursuant to 87-5-911 , and donations, including donations limited in their purpose by the grantor, or appropriations from any source intended to be used for the purposes of this account; and

(b) any interest or income earned on the account.

(3) Subject to subsections (4), (5), [and (8),] the department shall make disbursements from the account to projects approved by the oversight team to receive grants.

(4) The majority of the funds in the account may not be disbursed before the habitat quantification tool has been adopted. The habitat quantification tool must be applied to any project funded after the habitat quantification tool has been adopted. The majority of the account funds must be awarded to projects that generate credits that are available for compensatory mitigation under 87-5-911 . When selecting projects to receive funds, the oversight team shall prioritize projects that maximize the amount of credits generated per dollars of funds awarded.

(5) Money deposited in the account may not be used:

(a) for fee simple acquisition of private land;

(b) to purchase water rights;

(c) to purchase a lease or conservation easement that requires recreational access or prohibits hunting, fishing, or trapping as part of its terms; or

(d) to allow the release of any species listed under 87-5-107 or the federal Endangered Species Act, 16 U.S.C. 1531, et seq.

(6) Up to $25,000 may be paid from the account in each fiscal year for costs associated with meetings of the oversight team.

(7) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.

(8) [At the end of each calendar year, the oversight team shall:

(a) conduct an audit of credits and debits as determined by the habitat quantification tool as used in compensatory mitigation pursuant to 87-5-911 ;

(b) ensure the balance of credits and debits determined as provided in subsection (8)(a) results in no net loss of habitat; and

(c) direct the department to transfer up to 10% of any surplus balance calculated according to subsection (8)(b) to the state general fund until the total amount of transfers made pursuant to this subsection (8)(c) equals $10 million.] (Bracketed language terminates on occurrence of contingency--sec. 4, Ch. 285, L. 2021; subsection (6) replaced with "Administrative costs paid from the account are limited to $400,000 in each fiscal year" on occurrence of contingency--sec. 5, Ch. 326, L. 2021.)
Mont. Code Ann. § 87-3-310 — MT Code / Title 87 / Chapter 3 / Part 3 / Section 87-3-310
87-3-310 Transfer of possession of harvested game
Status: in_force

87-3-310 . Transfer of possession of harvested game. (1) A person licensed to hunt and authorized to possess a carcass of a game animal that requires mandatory department biological inspection or a wolf that requires mandatory department biological inspection may, after validating the license or tag in accordance with 87-6-411 , transfer possession of all or part of that game animal or wolf to any person at any time after leaving the site of the kill, provided a statement of possession has been completed.

(2) A statement of possession must be on a form prescribed by the department and signed by the licensed person and the person or persons receiving possession and must accompany the carcass or portion of carcass presented for inspection.

(3) Upon receipt of game or a part of game, the recipient is authorized and responsible to present the harvested game to the department as required for biological inspection, if applicable, and salvage the edible meat for human consumption, if required by law.

(4) A person may not transfer possession of all or part of a grizzly bear carcass.
Mont. Code Ann. § 87-2-513 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-513
87-2-513 Either-sex or antlerless elk license or permit for landowner who offers free public elk hunting -- terms, conditions, and issuance
Status: in_force

87-2-513 . (Temporary) Either-sex or antlerless elk license or permit for landowner who offers free public elk hunting -- terms, conditions, and issuance. (1) (a) The department may issue, at no cost to a landowner who provides free public elk hunting on the landowner's property and pursuant to this section, an either-sex or antlerless elk license, permit, or combination of the two as required in that hunting district for the landowner or the landowner's designee to hunt on the landowner's property or on private property leased by the landowner for agricultural purposes.

(b) A designee may be an immediate family member or an authorized full-time employee of the landowner who is eligible for licensure under Title 87, chapter 2.

(2) To be eligible for a license or permit pursuant to this section, a landowner:

(a) must own at least 640 acres of occupied elk habitat, except that smaller acreages are eligible if the department determines that site conditions exist to accommodate successful public hunting;

(b) must have entered into a contractual public elk hunting access agreement with the department in accordance with subsection (7) that allows public access for free public elk hunting on the landowner's property throughout the regular hunting season; and

(c) may not charge a fee or authorize a person to charge a fee for hunting access on the landowner's property.

(3) (a) For every three members of the public allowed to hunt under the contractual public elk hunting access agreement, the department may issue one license, permit, or combination of the two pursuant to subsection (1). The department may limit the total number of licenses and permits issued under this section.

(b) At least one of the public hunters must hold the equivalent license, permit, or combination of the two that is issued to the landowner or the landowner's designee. The department, in consultation with the landowner, shall select the hunters pursuant to subsection (7)(b).

(4) A license or permit issued pursuant to this section:

(a) is nontransferable and may not be sold or bartered; and

(b) may only be used for hunting conducted on property that is opened to public access pursuant to this section.

(5) The department may prioritize distribution of licenses or permits under subsection (1) according to the areas the department determines are most in need of management.

(6) If the department determines that a landowner or landowner's designee has not abided by the restrictions and conditions of a license or permit issued pursuant to this section, that landowner or landowner's designee is not eligible to receive another license or permit pursuant to this section during any subsequent license year.

(7) (a) A contractual public elk hunting access agreement must define the areas that will be open to public elk hunting, the number of public elk hunting days that will be allowed on the property, and other factors that the department and the landowner consider necessary for the proper management of elk on the landowner's property. The agreement must include a process or methodology the landowner may use to select up to one-third of the public hunters required by subsection (3) and must reserve the right of the landowner to deny access to the landowner's property by a public hunter selected pursuant to subsection (7)(b) for cause, including but not limited to intoxication, violation of landowner conditions for use of the property, or previous misconduct on a landowner's property.

(b) Except for public hunters selected by the landowner pursuant to subsection (7)(a), the department shall select public hunters eligible to hunt on the landowner's property through a random drawing of holders of existing licenses or permits in that hunting district.

(8) (a) Licenses, permits, or combinations of the two issued under this section must be for wildlife management purposes and approved by the commission pursuant to its powers under 87-1-301 .

(b) The commission shall prioritize approval of an application for a license, permit, or combination of the two based on the willingness of the landowner to allow, in either the regular hunting season or a shoulder hunting season, additional cow harvest by public hunters in addition to the number of public hunters required in subsection (3).

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

(a) "Employee" means a person who works full time for the landowner as part of an active farm or ranch operation enrolled in the program.

(b) "Immediate family member" means a spouse, parent, grandparent, child, grandchild, sibling, niece, or nephew by blood, marriage, or legal adoption.
Mont. Code Ann. § 87-6-918 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-918
87-6-918 Restriction on special application or entry when ordered to pay restitution
Status: in_force

87-6-918 . Restriction on special application or entry when ordered to pay restitution. A person convicted or who has forfeited bond or bail under this title and who has been ordered to pay restitution under the provisions of 87-6-906 or 87-6-907 may not apply for any special license under Title 87, chapter 2, part 7, or enter any drawing for a special license or permit for a period of 5 years following the date of conviction or restoration of license privileges, whichever is later. If the violation involved the unlawful taking of a moose, a mountain sheep, or a mountain goat, the person may not apply for a special license or enter a drawing for a special license or permit for the same species of game animal that was unlawfully taken for an additional period of 5 years following the ending date of the first 5-year period.
Mont. Code Ann. § 87-1-704 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-704
87-1-704 Federal fish-hatching operations
Status: in_force

87-1-704 . Federal fish-hatching operations. The government of the United States, the United States commissioner of fisheries, and the government's or commissioner's authorized agents may conduct fish-hatching and all operations connected with fish-hatching, in any manner and at any time that may be considered necessary and proper by them at any United States fish cultural station established by the United States government in the state of Montana.
Mont. Code Ann. § 87-4-504 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-504
87-4-504 Bird license or stamp required
Status: in_force

87-4-504 . Bird license or stamp required. All persons hunting on shooting preserves must have a valid resident or nonresident upland game bird license or a 3-day nonresident shooting preserve bird hunting stamp issued under 87-2-404 .
Mont. Code Ann. § 87-6-240 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-240
87-6-240 Unlawful recovery and possession of horns and skulls from mountain sheep that died of natural causes
Status: in_force

87-6-240 . Unlawful recovery and possession of horns and skulls from mountain sheep that died of natural causes. (1) For a mountain sheep that died of natural causes, a person may not:

(a) recover or possess a horn or horns and attached skull, or portion thereof, in violation of the provisions of 87-3-315 ;

(b) alter, deface, or remove a pin placed in a horn by the department;

(c) possess a horn that bears an altered, defaced, or counterfeit pin or from which a pin placed by the department was removed.

(2) (a) A person who is convicted of or who forfeits bond or bail after being charged with a violation of this section shall be:

(i) fined up to $2,000 if the violation involved a horn or horns with less than a three-fourths curl or up to $30,000 if the violation involved a horn or horns equal to or greater than a three-fourths curl;

(ii) imprisoned in the county detention center for not more than 6 months; or

(iii) both fined and imprisoned pursuant to subsections (2)(a)(i) and (2)(a)(ii).

(b) 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. § 87-6-215 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-215
87-6-215 Harassment
Status: in_force

87-6-215 . Harassment. (1) (a) A person may not:

(i) intentionally interfere with the lawful taking of a wild animal or fishing by another;

(ii) with intent to prevent or hinder its lawful taking or its capture, disturb a wild animal or engage in an activity or place in its way any object or substance that will tend to disturb or otherwise affect the behavior of a wild animal; or

(iii) disturb an individual engaged in the lawful taking of a wild animal or fishing with intent to prevent the taking of the animal or the capture of the fish.

(b) This subsection (1) does not:

(i) prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment; or

(ii) prohibit or curtail normal landowner operations or lawful uses of water.

(2) A person convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not more than $500 or be imprisoned for not more than 30 days, 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.

(3) 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.

(4) A court of general jurisdiction may enjoin conduct in violation of this section upon petition by a person affected or who reasonably may be affected by that conduct and upon a showing that the conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

(5) As used in this section:

(a) "fishing" means the lawful means of fishing as described in 87-6-501 ;

(b) "taking" means the pursuit, hunting, trapping, shooting, or killing of a wild animal on land upon which the affected person has the right or privilege to pursue, hunt, trap, shoot, or kill the wild animal; and

(c) "wild animal" means a game animal, migratory game bird, upland game bird, fur-bearing animal, predatory animal, or fish.
Mont. Code Ann. § 87-1-256 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-256
87-1-256 Definitions
Status: in_force

87-1-256 . Definitions. As used in 87-1-255 through 87-1-259 , the following definitions apply:

(1) "Account" means the river restoration account provided for in 87-1-258 .

(2) "Associated lands" means the beds, banks, and immediately adjacent lands associated with a river.

(3) "Department" means the department of fish, wildlife, and parks provided for in 2-15-3401 .

(4) "Program" means the river restoration program provided for in 87-1-257 .

(5) "Restoration" means to restore to a good condition, regenerate, or make over in an improved form.

(6) "River" means a river, stream, creek, or other naturally occurring body of flowing water.
Mont. Code Ann. § 87-2-812 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-812
87-2-812 Auction or lottery of elk license
Status: in_force

87-2-812 . Auction or lottery of elk license. (1) The commission may issue one male elk license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the auction or lottery. A wildlife conservation organization that focuses on the conservation of elk 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 elk. The proceeds from the auction or lottery must be used in addition to any other funds that the department uses for the management of elk.
Mont. Code Ann. § 87-4-524 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-524
87-4-524 Preserve operators to establish shooting restrictions
Status: in_force

87-4-524 . Preserve operators to establish shooting restrictions. (1) Shooting preserve operators licensed prior to July 1, 2003, may establish their own shooting limitations and restrictions on the age, sex, and number of each species that may be taken by each person.

(2) The department may impose restrictions on a shooting preserve license issued after July 1, 2003, in an area that supports existing native upland game bird species if the department determines that the restrictions are necessary to protect native populations. The restrictions must be based on sound biological principles.
Mont. Code Ann. § 87-5-604 — MT Code / Title 87 / Chapter 5 / Part 6 / Section 87-5-604
87-5-604 Expenses of board members
Status: in_force

87-5-604 . Expenses of board members. Members of the board are entitled to no salary but are entitled to expenses incurred while on official business, as provided in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 87-5-904 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-904
87-5-904 Montana sage grouse oversight team -- rulemaking
Status: in_force

87-5-904 . Montana sage grouse oversight team -- rulemaking. The oversight team shall adopt rules to administer the provisions of this part, including:

(1) eligibility and evaluation criteria for grants distributed pursuant to 87-5-910 for projects that maintain, enhance, restore, expand, or benefit sage grouse habitat and populations, including but not limited to requirements for matching funds and in-kind contributions and consideration of the socioeconomic impacts of a proposed project on the local community. The evaluation criteria must give greater priority to proposed projects that:

(a) involve partnerships between public and private entities;

(b) provide matching funds;

(c) use the habitat quantification tool adopted pursuant to subsection (2); and

(d) maximize the amount of credits generated per dollars of funds awarded.

(2) the designation of a habitat quantification tool in consideration of applicable United States fish and wildlife service sage grouse policies, state law, and any rules adopted pursuant to this part;

(3) subject to the provisions of 87-5-905 (2), a method to track and maintain the number of credits attributable to projects funded pursuant to this part that are available to a project developer to purchase for compensatory mitigation to offset debits under 87-5-911 ;

(4) methods of compensatory mitigation available under 87-5-911 ;

(5) review and monitoring of projects funded pursuant to this part;

(6) criteria for the acceptance or rejection of grants, gifts, transfers, bequests, and donations, including interests in real or personal property; and

(7) guidance on management options for any real property conveyed to the state under this part, including its sale or lease.
Mont. Code Ann. § 87-5-402 — MT Code / Title 87 / Chapter 5 / Part 4 / Section 87-5-402
87-5-402 Posting of notice and additional provisions
Status: in_force

87-5-402 . Posting of notice and additional provisions. (1) Preserves, refuges, sanctuaries, rest grounds, or closed districts created by the department and any land or water areas or portions of preserves, refuges, sanctuaries, rest grounds, or closed districts closed by the department must be conspicuously posted for a period of 20 days, with posters setting forth their purposes and the penalties for violating the orders, rules, and regulations of the department applicable to them. Not less than 20 days before creation of any fish and game district, preserve, refuge, sanctuary, rest ground, or closed district or closure of land or water areas, publication must be made of the boundaries of the fish and game district, preserve, refuge, sanctuary, rest ground, or closed district, with boundaries accurately designated by definite topographic monuments or public land survey. Publication must be in a newspaper having general circulation in the locality of the fish and game district, preserve, refuge, sanctuary, rest ground, or closed district.

(2) The hunting, pursuing, capturing, killing, or taking of any fish, game animals, game birds, or fur-bearing animals in violation of the orders, rules, or regulations of the department governing any closed season, fish and game district, preserve, refuge, sanctuary, rest ground, or closed land or water area promulgated by the department is punishable by the penalties provided for the violation of laws regarding closed seasons.

(3) All game preserves or refuges created are continued in full effect until they are changed by the department in the manner designated in this section. The department has the right, power, and authority, when properly petitioned, to alter and change the boundaries of or entirely do away with and abandon any preserve or refuge, except the Sun River game preserve, when, in the opinion of the department, it is in the best interest to do so.
Mont. Code Ann. § 87-4-907 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-907
87-4-907 License nontransferable
Status: in_force

87-4-907 . License nontransferable. A game bird farm license is nontransferable.
Mont. Code Ann. § 87-5-708 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-708
87-5-708 Classification review committee -- composition, appointment, and duties
Status: in_force

87-5-708 . Classification review committee -- composition, appointment, and duties. (1) The director shall appoint a classification review committee whose duty is to advise the commission regarding the importation, possession, and sale of exotic wildlife, including recommendations on animals to be placed on the noncontrolled, controlled, or prohibited exotic wildlife list.

(2) The classification review committee is composed of at least one representative from:

(a) the department;

(b) the department of public health and human services;

(c) the department of livestock;

(d) the department of agriculture;

(e) a business that breeds or exhibits exotic wildlife; and

(f) the general public who has an interest in fish or wildlife.

(3) Members of the classification review committee are not entitled to compensation or travel expenses as provided in 2-15-122 .
Mont. Code Ann. § 87-4-528 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-528
87-4-528 Unscheduled inspections by department
Status: in_force

87-4-528 . Unscheduled inspections by department. The department shall conduct unscheduled inspections of all shooting preserves licensed under this part to ensure that pertinent statutes as well as the rules and regulations of the department are being followed and obeyed.
Mont. Code Ann. § 87-5-104 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-104
87-5-104 Investigations by department
Status: in_force

87-5-104 . Investigations by department. The department shall conduct investigations on nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. The department shall conduct ongoing investigations of nongame wildlife.
Mont. Code Ann. § 87-2-808 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-808
87-2-808 Fishing license exception for angler educational events and activities
Status: in_force

87-2-808 . Fishing license exception for angler educational events and activities. (1) A participant in any angler educational event or activity approved by the department may fish without the otherwise required fishing license while participating on the specified body of water during the event.

(2) To be eligible during the 2-year period following April 16, 1997, an angler educational event or activity must be taught under the guidance of an employee of the department or by an instructor certified by the department as competent to instruct in the laws, techniques, and ethics of angling. At the end of the 2-year period, angler educational events and activities should be conducted as provided in subsection (4).

(3) The department shall adopt rules to implement this section.

(4) The department shall develop a statewide network of volunteers to conduct the angler educational events and activities for which fishing license exceptions are provided. Within 2 years of April 16, 1997, as many angler educational events and activities as possible approved pursuant to this section should be conducted by the volunteer instructors certified as provided in subsection (2).
Mont. Code Ann. § 87-4-901 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-901
87-4-901 Definitions
Status: in_force

87-4-901 . Definitions. For purposes of this part, the following definitions apply:

(1) "Game bird farm" means an enclosed area upon which game birds may be kept for purposes of obtaining, rearing in captivity, keeping, and selling game birds or parts of game birds as authorized under this part.

(2) "Game birds" means all birds defined as upland game birds in 87-2-101 .
Mont. Code Ann. § 87-6-901 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-901
87-6-901 Second offense penalties
Status: in_force

87-6-901 . Second offense penalties. (1) A person convicted of a second offense of any of the following offenses within 10 years of the first conviction or who is convicted of two or more of the following offenses at different times within a 10-year period is subject to the penalties provided in subsection (2):

(a) hunting during a closed season;

(b) taking an animal or hunting while using projected artificial light;

(c) hunting without a license;

(d) unlawful taking of more than double the legal bag limit;

(e) unlawful possession of more than double the legal bag limit; and

(f) waste of game by abandonment in the field.

(2) A person convicted of the offenses in subsection (1) in the time periods specified in subsection (1) shall be fined not less than $2,000 or more than $5,000 or be imprisoned in the county jail for not more than 1 year, 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 60 months from the date of conviction or forfeiture unless the court imposes a longer period.
Mont. Code Ann. § 87-6-217 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-217
87-6-217 Shooting at simulated wildlife
Status: in_force

87-6-217 . Shooting at simulated wildlife. (1) A person may not discharge a firearm or other hunting implement at a simulated wildlife decoy in violation of any state statute or commission rule regulating the hunting of the wildlife being simulated when the decoy is being used by a certified peace officer.

(2) A person convicted of a violation of this section is subject to the same penalty as prescribed for the state statute or commission rule violated during the attempted hunting of the actual wildlife being simulated. In addition, the person shall pay restitution of $50 to the department for the repair of damages to simulated wildlife decoys.
Mont. Code Ann. § 87-3-121 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-121
87-3-121 Regulation of contests
Status: in_force

87-3-121 . Regulation of contests. The commission shall adopt rules to regulate contests, in accordance with the provisions of 87-6-214 , by a person, firm, or club that intends to offer or give a prize, gift, or anything of value in connection with or as a prize for the taking, capturing, killing, or in any manner acquiring fish that are protected under Title 87. The commission's rules must be based on the commission's duty under Title 87 to protect, preserve, and propagate fish in the state.
Mont. Code Ann. § 87-2-724 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-724
87-2-724 Auction of Shiras moose license
Status: in_force

87-2-724 . Auction of Shiras moose license. (1) The commission may issue one male Shiras moose 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 moose may be authorized by the commission to conduct the license auction, in which case the authorized organization may retain up to 10% of the proceeds of the sale 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 moose. The proceeds from the auction must be used in addition to any other funds the department uses for the management of moose.
Mont. Code Ann. § 87-4-304 — MT Code / Title 87 / Chapter 4 / Part 3 / Section 87-4-304
87-4-304 License classification and fees
Status: in_force

87-4-304 . License classification and fees. (1) The following classes of licenses may be issued and the following fees charged for the licenses:

(a) resident fur dealer's license, $10;

(b) nonresident fur dealer's license:

(i) the same as the fee charged in the nonresident's state of residence for a Montana fur dealer seeking licensure in that state; or

(ii) if the nonresident's state does not issue a nonresident fur dealer's license, $50;

(c) fur dealer's agent's license, $10.

(2) A person who is employed by a resident or nonresident fur dealer as a traveling fur buyer is considered a fur dealer's agent. A fur dealer's agent's license may be issued to any person who is employed as a fur buyer by a licensed resident or licensed nonresident fur dealer, providing that it is the responsibility of each fur dealer and fur dealer's agent to have the proper license before buying or dealing in furs as defined in 87-4-301 .
Mont. Code Ann. § 87-2-702 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-702
87-2-702 Restrictions on special licenses -- availability of bear and mountain lion licenses
Status: in_force

87-2-702 . Restrictions on special licenses -- availability of bear and mountain lion licenses. (1) A person who has killed or taken any game animal, except a deer, an elk, or an antelope, during the current license year is not permitted to receive a special license under this chapter to hunt or kill a second game animal of the same species.

(2) The commission may require applicants for special permits authorized by this chapter to obtain a valid big game license for that species for the current year prior to applying for a special permit.

(3) Except as provided in 87-2-815 , a person may take only one grizzly bear in Montana with a license authorized by 87-2-701 .

(4) (a) Except as provided in 87-1-271 (2), 87-1-275 , and 87-2-815 , a person who receives a moose, mountain goat, or limited mountain sheep license, as authorized by 87-2-701 , with the exception of an antlerless moose or an adult ewe game management license issued under 87-2-104 , is not eligible to receive another special license for that species for the next 7 years. For the purposes of this subsection (4)(a), "limited mountain sheep license" means a license that is valid for an area in which the number of licenses issued is restricted.

(b) Except as provided in 87-1-271 (2) and 87-2-815 , a person who takes a legal ram mountain sheep with at least one horn that is equal to or greater than a three-fourths curl using an unlimited mountain sheep license or a population management license issued pursuant to 87-2-701 is not eligible to receive another special license for that species for the next 7 years. For the purposes of this subsection (4)(b), "unlimited mountain sheep license" means a license that is valid for an area in which the number of licenses issued is not restricted.

(5) An application for a wild buffalo or bison license must be made on the same form and is subject to the same license application deadline as the special license for moose, mountain goat, and mountain sheep.
Mont. Code Ann. § 87-2-127 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-127
87-2-127 Trapper education required
Status: in_force

87-2-127 . Trapper education required. (1) (a) Except as provided in subsection (2), a Class C trapper's license may not be issued to a resident unless the license agent processing the application determines proof of:

(i) the applicant's purchase of a trapper's license in three prior trapping seasons; or

(ii) completion of a trapper education course established pursuant to this section or otherwise approved by the trapper education committee.

(b) Neither the department nor a license agent is required to provide records of past Montana trapper's license purchases prior to 1990 or for trapping licenses purchased in another state.

(2) A resident is not required to complete a trapper education course if the resident:

(a) is trapping for the purposes of livestock or property protection; or

(b) completes the advanced level of the youth trapper camp offered by the Montana trappers association.

(3) The department shall provide a trapper education course that includes field instruction and classroom or online instruction and incorporates the trapper education manual from the Montana trappers association in the course resources. The course must:

(a) include but is not limited to instruction in trapping ethics, best practices, equipment, regulations, and avoidance of nontarget species;

(b) meet the requirements of rule or law for certification to trap wolves; and

(c) be reviewed and, as needed, revised by the trapper education committee established in subsection (6).

(4) To successfully complete a trapper education course, a person must pass a final exam. Upon successful completion, the department shall issue that person a certificate of completion.

(5) To be certified to teach a trapper education course established pursuant to this section, an instructor shall:

(a) pass a background check conducted by the department; and

(b) be deemed competent by the trapper education committee established in subsection (6) to give instruction in ethical and humane trapping methods.

(6) The department shall establish a trapper education committee consisting of three active, certified trapper instructors, two of whom are members of the Montana trappers association, and three department staff knowledgeable in trapping. The committee shall review and revise trapper education course content and certify new trapper education instructors.

(7) As part of the department's trapper licensing procedures, the department shall notify the public of the requirements of this section.
Mont. Code Ann. § 87-4-408 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-408
87-4-408 Jurisdiction
Status: in_force

87-4-408 . Jurisdiction. (1) The department has primary jurisdiction over alternative livestock ranches with regard to licensing, reports, recordkeeping, exterior fencing, classification of certain species under 87-4-424 , unlawful capture under 87-4-418 , inspection under 87-4-413 , and enforcement of the functions listed in this subsection.

(2) The department of livestock has primary jurisdiction over alternative livestock ranches with regard to marking, inspection, transportation, importation, quarantine, hold orders, interior facilities, health, and enforcement of the functions listed in this subsection.
Mont. Code Ann. § 87-1-301 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-301
87-1-301 Powers of commission
Status: in_force

87-1-301 . Powers of commission. (1) Except as provided in subsections (6) and (7), the commission:

(a) shall set the policies for the protection, preservation, management, and propagation of the wildlife, fish, game, furbearers, waterfowl, nongame species, and endangered species of the state and for the fulfillment of all other responsibilities of the department related to fish and wildlife as provided by law;

(b) shall establish the hunting, fishing, and trapping rules of the department;

(c) except as provided in 23-1-111 and 87-1-303 (3), shall establish the rules of the department governing the use of lands owned or controlled by the department and waters under the jurisdiction of the department;

(d) shall adopt the rules of the individual landowners governing the public use of each landowner's private property managed by the department under active public access agreements with private landowners;

(e) must have the power within the department to establish wildlife refuges and bird and game preserves;

(f) shall approve all acquisitions or transfers by the department of interests in land or water, except as provided in 23-1-111 and 87-1-209 (2) and (4);

(g) except as provided in 23-1-111 , shall review and approve the budget of the department prior to its transmittal to the office of budget and program planning;

(h) except as provided in 23-1-111 , shall review and approve construction projects that have an estimated cost of more than $1,000 but less than $5,000;

(i) shall manage elk, deer, and antelope populations based on habitat estimates determined as provided in 87-1-322 and maintain elk, deer, and antelope population numbers at or below population estimates as provided in 87-1-323 . In developing or implementing an elk management plan, the commission shall consider landowner tolerance when deciding whether to restrict elk hunting on surrounding public land in a particular hunting district. As used in this subsection (1)(i), "landowner tolerance" means the written or documented verbal opinion of an affected landowner regarding the impact upon the landowner's property within the particular hunting district where a restriction on elk hunting on public property is proposed.

(j) shall set the policies for the salvage of antelope, deer, elk, or moose pursuant to 87-3-145 ;

(k) shall comply with, adopt policies that comply with, and ensure the department implements in each region the provisions of state wildlife management plans adopted following an environmental review conducted pursuant to Title 75, chapter 1, parts 1 through 3; and

(l) shall review and approve the issuance of an either-sex or antlerless elk license, permit, or combination thereof to a landowner or a landowner's designee pursuant to 87-2-513 .

(2) The commission may adopt rules regarding the use and type of archery equipment that may be employed for hunting and fishing purposes, taking into account applicable standards as technical innovations in archery equipment change.

(3) The commission may adopt rules regarding the establishment of special licenses or permits, seasons, conditions, programs, or other provisions that the commission considers appropriate to promote or enhance hunting by Montana's youth and persons with disabilities.

(4) (a) The commission may adopt rules regarding nonresident big game combination licenses to:

(i) separate deer licenses from nonresident elk combination licenses;

(ii) set the fees for the separated deer combination licenses and the elk combination licenses without the deer tag;

(iii) condition the use of the deer licenses; and

(iv) limit the number of licenses sold.

(b) The commission may exercise the rulemaking authority in subsection (4)(a) when it is necessary and appropriate to regulate the harvest by nonresident big game combination license holders:

(i) for the biologically sound management of big game populations of elk, deer, and antelope;

(ii) to control the impacts of those elk, deer, and antelope populations on uses of private property; and

(iii) to ensure that elk, deer, and antelope populations are at a sustainable level as provided in 87-1-321 through 87-1-325 .

(5) (a) Subject to the provisions of subsection (5)(b), the commission may adopt rules to:

(i) limit the number of nonresident mountain lion hunters in designated hunting districts; and

(ii) determine the conditions under which nonresidents may hunt mountain lion in designated hunting districts.

(b) The commission shall adopt rules for the use of and set quotas for the sale of Class D-4 nonresident hound licenses by hunting district, portions of a hunting district, group of districts, or administrative regions.

(c) The commission shall consider, but is not limited to consideration of, the following factors:

(i) harvest of lions by resident and nonresident hunters;

(ii) history of quota overruns;

(iii) composition, including age and sex, of the lion harvest;

(iv) historical outfitter use;

(v) conflicts among hunter groups;

(vi) availability of public and private lands; and

(vii) whether restrictions on nonresident hunters are more appropriate than restrictions on all hunters.

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

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

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

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

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

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

(7) Pursuant to 23-1-111 , the commission does not oversee department activities related to the administration of state parks, primitive parks, state recreational areas, public camping grounds, state historic sites, state monuments, and other heritage and recreational resources, land, and water administered pursuant to Title 23, chapter 1, and Title 23, chapter 2, parts 1, 4, and 9.
Mont. Code Ann. § 87-5-208 — MT Code / Title 87 / Chapter 5 / Part 2 / Section 87-5-208
87-5-208 Nonresidents allowed raptors in state -- capture
Status: in_force

87-5-208 . Nonresidents allowed raptors in state -- capture. (1) A nonresident who possesses a valid federal falconry license may practice falconry in the state of Montana with legally acquired and permitted raptors. A nonresident is allowed to hunt with falcons in the state of Montana subject to all Montana laws and rules.

(2) Nonresidents may capture raptors in Montana for falconry or captive breeding purposes pursuant to rules adopted under 87-5-204 .

(3) A resident of a state that does not allow Montana residents to trap raptors in that state may not obtain a trapping permit in Montana.
Mont. Code Ann. § 87-5-121 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-121
87-5-121 Nongame wildlife account
Status: in_force

87-5-121 . Nongame wildlife account. (1) There is a nongame wildlife account in the state special revenue fund provided for in 17-2-102 .

(2) There must be deposited into the account:

(a) all money collected under 15-30-2387 and all interest earned by the fund before being expended under this section; and

(b) money from marijuana taxes deposited under 16-12-111 .

(3) Money in the account must be used by the department, upon the approval of the commission as determined under 87-5-122 , to provide adequate funding for:

(a) research and education programs on nongame wildlife in Montana, as provided for in 87-5-104 ; and

(b) any management programs for nongame wildlife approved by the legislature under 87-5-105 as species or subspecies in need of management.

(4) The money is available to the department in the same manner as provided in 87-1-601 , except that money collected under 15-30-2387 may not be used:

(a) for the purchase of any real property; or

(b) in such a way as to interfere with the production on or management of private property.
Mont. Code Ann. § 87-4-902 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-902
87-4-902 Exemption
Status: in_force

87-4-902 . Exemption. This part does not apply to:

(1) a person who owns, controls, or propagates game birds for purposes other than sale or conveyance of game birds or parts of game birds;

(2) the holder of a migratory game bird avicultural permit under 87-2-807 ; or

(3) the holder of a shooting preserve license under Title 87, chapter 4, part 5, who uses temporary holding pens pursuant to 87-4-530 .
Mont. Code Ann. § 87-6-301 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-301
87-6-301 Hunting, fishing, or trapping without license
Status: in_force

87-6-301 . Hunting, fishing, or trapping without license. (1) Except as provided in 87-2-311 and subsection (2) of this section, a person may not:

(a) hunt or trap or attempt to hunt or trap any game animal, game bird, or fur-bearing animal or fish for any fish within this state or possess within this state any game animal, game bird, fur-bearing animal, game fish, or parts of those animals or birds except as provided by law or as provided by the department;

(b) hunt or trap or attempt to hunt or trap any game animal, game bird, or fur-bearing animal or fish for any fish, except at the places and during the periods and in the manner established by law or as prescribed by the department;

(c) hunt or trap or attempt to hunt or trap any game animal, game bird, or fur-bearing animal or fish for any fish within this state or possess, sell, purchase, ship, or reship any imported or other fur-bearing animal or parts of fur-bearing animals without first having obtained a proper and valid license or permit from the department to do so;

(d) trap or attempt to trap predatory animals or nongame wildlife without a license, as prescribed in 87-2-603 , if that person is not a resident; or

(e) hunt migratory game birds without first having obtained a valid migratory game bird license from the department.

(2) The provisions of this section do not require a person who accompanies a licensed disabled hunter, as authorized under 87-2-803 , to be licensed in order to kill or attempt to kill a game animal that has been wounded by a disabled hunter when the disabled hunter is unable to pursue and kill the wounded game animal. However, the person must meet the qualifications for a license in the person's state of residence.

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

(4) A person convicted of hunting without a license may be subject to the additional penalties provided in 87-6-901 and 87-6-902 .

(5) 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. § 87-2-116 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-116
87-2-116 Base hunting license prerequisite for other hunting licenses -- fee
Status: in_force

87-2-116 . Base hunting license prerequisite for other hunting licenses -- fee. (1) To be eligible to apply for a hunting license or Class A-2 special bow and arrow license, a person must first obtain a base hunting license as provided in this section. The base hunting license must be purchased once each license year.

(2) Resident base hunting licenses may be purchased for a fee of $10, of which $2 is a hunting access fee that must be used by the department to fund programs authorized in 87-1-265 .

(3) Nonresident base hunting licenses may be purchased for a fee of $50, of which $40 is a hunting access fee that must be used by the department to fund programs authorized in 87-1-265 .
Mont. Code Ann. § 87-3-128 — MT Code / Title 87 / Chapter 3 / Part 1 / Section 87-3-128
87-3-128 Exceptions -- department personnel
Status: in_force

87-3-128 . Exceptions -- department personnel. The provisions of this chapter relating to methods of herding, driving, capturing, taking, locating, or concentrating of fish, game animals, game birds, or fur-bearing animals do not apply to the department or to any employee thereof while acting within the scope and course of the powers and duties of the department.
Mont. Code Ann. § 87-2-821 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-821
87-2-821 Auction or lottery of antelope license
Status: in_force

87-2-821 . Auction or lottery of antelope license. (1) The commission may issue one either sex antelope license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the auction or lottery. A wildlife conservation organization that focuses on the conservation of antelope 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 antelope. The proceeds from the auction or lottery must be used in addition to any other funds that the department uses for the management of antelope.
Mont. Code Ann. § 87-4-804 — MT Code / Title 87 / Chapter 4 / Part 8 / Section 87-4-804
87-4-804 Permit to obtain wild animals
Status: in_force

87-4-804 . Permit to obtain wild animals. (1) It is unlawful to obtain healthy wild animals for a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo by capture from the wild or by purchase except that the capture and holding of injured wildlife or wildlife deemed nonreleasable by the department and the United States fish and wildlife service due to injury, human conflict, or seizure is permissible in accordance with the terms of a permit issued pursuant to this section.

(2) Application for a capture permit may be made only by a wildlife sanctuary or a zoo and must be made to the director on a form prescribed by the director. After investigation by the department, the director may issue a capture permit without charge if the director finds:

(a) that all provisions of this part and of the department regulations are complied with by the applicant; and

(b) that the number and species of wildlife desired is not excessive under the circumstances.

(3) If wild animals are to be obtained by capture for use in a wildlife sanctuary or a zoo, the permit must designate the number and the means of capture, but ownership of the wild animals captured must remain in the state of Montana.

(4) Roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos may obtain captive-bred wild animals from a licensed zoo, menagerie, alternative livestock ranch, fur farm, game bird farm, wildlife sanctuary, or animal rehabilitation center.

(5) Wild animals may be bought, sold, or transferred under regulations that the department prescribes.

(6) The number of wild animals in a wild animal menagerie may not exceed 10.
Mont. Code Ann. § 87-4-416 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-416
87-4-416 Sale of carcass and meat -- regenerative parts excluded
Status: in_force

87-4-416 . Sale of carcass and meat -- regenerative parts excluded. (1) An alternative livestock ranch licensee may sell or otherwise dispose of the carcass of properly identified alternative livestock taken from an alternative livestock ranch in accordance with the provisions of 87-4-415 . A copy of the certificate of inspection must be attached to the carcass or container. Upon the attaching of the certificate of inspection, the carcass of the alternative livestock may be transported within the state to the transferee named on the certificate of inspection.

(2) The licensee may sell alternative livestock for meat upon compliance with all applicable health laws.

(3) The sale of regenerative parts that may be harvested is specifically excluded from the requirements of this section.
Mont. Code Ann. § 87-6-403 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-403
87-6-403 Unlawful hunting from public highway
Status: in_force

87-6-403 . Unlawful hunting from public highway. (1) Except as provided in 87-2-803 and 87-6-405 , a person may not hunt or attempt to hunt any game animal or game bird on, from, or across any public highway or the shoulder, berm, or barrow pit right-of-way of any public highway, as defined in 61-1-101 , in the state.

(2) 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, 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, 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.

(3) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907 .