Mont. Code Ann. § 87-1-322 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-322
87-1-322 Calculation of available habitat
Status: in_force

87-1-322 . Calculation of available habitat. When determining the total acreage that serves as habitat for elk, deer, and antelope, the commission shall consider public land and private land for wildlife management or habitat enhancement purposes. This calculation must be reconsidered and provided to the public by October 1 of each odd-numbered year.
Mont. Code Ann. § 87-5-107 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-107
87-5-107 List of endangered species
Status: in_force

87-5-107 . List of endangered species. (1) (a) On the basis of investigations on nongame wildlife provided for in 87-5-104 and other available scientific and commercial data and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, the department shall recommend to the legislature a list of those species and subspecies of wildlife indigenous to the state that are determined to be endangered within this state, giving their common and scientific names by species and subspecies.

(b) The department may propose legislation to specifically include any species or subspecies of fish and wildlife appearing on the United States' list of endangered native fish and wildlife (part 17 of Title 50 of the Code of Federal Regulations, appendix D) as it appears on July 1, 1973, as well as any species or subspecies of fish and wildlife appearing on the United States' list of endangered foreign fish and wildlife (part 17 of Title 50 of the Code of Federal Regulations, appendix A), as that list may be modified.

(2) (a) The department shall conduct a review of the state list of endangered species every 2 years. The department may propose specific legislation to amend the list by additions that are considered appropriate and at times that are considered appropriate.

(b) Whenever a species or subspecies is removed from the United States' list of endangered native fish and wildlife (part 17 of Title 50 of the Code of Federal Regulations, appendix D) and that species or subspecies is also on the state list of endangered species in ARM 12.5.201, the department shall amend the state list to remove that species or subspecies. The removal of a species or subspecies from the state list pursuant to this subsection (2)(b) does not require approval by the legislature.

(3) Except as otherwise provided in this part, it is unlawful for any person to take, possess, transport, export, sell, or offer for sale and for any common or contract carrier knowingly to transport or receive for shipment any species or subspecies of wildlife appearing on any of the following lists:

(a) the list of wildlife indigenous to the state determined to be endangered within the state pursuant to subsection (1);

(b) any species or subspecies of fish and wildlife included by the department and appearing on the United States' list of endangered native fish and wildlife (part 17 of Title 50, Code of Federal Regulations, appendix D) as it appears on July 1, 1973; and the United States' list of endangered foreign fish and wildlife (part 17 of Title 50, Code of Federal Regulations, appendix A), as that list may be modified.

(4) Any species or subspecies of fish and wildlife appearing on any of the enumerated lists that is brought into the state from another state or from a point outside the territorial limits of the United States and that is transported across the state destined for a point beyond the state may be brought into the state and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

(5) If the United States' list of endangered native fish and wildlife is modified by additions, the modifications, whether or not involving species or subspecies indigenous to the state, may be accepted as binding under subsections (3) and (4) if, after the type of scientific determination described in subsection (1), the department proposes and the legislature accepts the modification for the state.
Mont. Code Ann. § 87-2-805 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-805
87-2-805 Licenses for persons under 18 years of age
Status: reserved

87-2-805 . Licenses for persons under 18 years of age. (1) Resident and nonresident minors under 12 years of age may fish without a license.

(2) Resident minors who are 12 years of age or older and under 18 years of age may purchase the following for one-half the cost:

(a) a conservation license;

(b) a Class A fishing license;

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

(d) a migratory game bird license;

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

(f) a Class A-5 elk tag;

(g) a Class AAA combination sports license that does not include a Class A-6 black bear tag. This subsection (2)(g) does not prohibit a resident minor from purchasing any individual licenses for which the minor may be eligible under this chapter if the minor does not purchase a Class AAA license under this subsection (2)(g). A resident minor who lawfully purchases a Class AAA license pursuant to this subsection (2)(g) at 17 years of age, but who reaches 18 years of age during that license year, may legally use the license during that license year.

(3) A nonresident minor who is 12 years of age or older and under 18 years of age may purchase an upland game bird license and a migratory game bird license for one-half of the nonresident fee. Of the fee paid for the upland game bird license, $17 must be deposited pursuant to 87-1-270 and $7 must be deposited pursuant to 87-1-246 .

(4) (a) The department may issue a free resident or nonresident big game combination license, as applicable, or a free resident or nonresident elk, deer, or antelope license and conservation license, as applicable, to a resident or nonresident youth under 18 years of age who has been diagnosed with a life-threatening illness. In order for a youth to qualify for the free license, the department must receive documentation that the youth has been diagnosed with a life-threatening illness from a licensed physician. The free special permit license may be issued to a youth on a one-time basis for only one hunting season. As used in this subsection, "life-threatening illness" means any progressive, degenerative, or malignant disease or condition that results in a significant threat, likelihood, or certainty that the child's life expectancy will not extend past the child's 19th birthday unless the course of the disease is interrupted or abated.

(b) In exercising hunting privileges, the youth must be accompanied by an adult in possession of a valid Montana hunting license or of a licensed Montana outfitter and conduct all hunting within the terms and conditions of the license issued.

(c) The department may waive hunter safety and education and bowhunter education requirements in 87-2-105 for a qualified youth under this subsection (4) and, in appropriate circumstances, may also allow the qualified youth to hunt from a vehicle in the manner described in 87-2-803 .

(d) The department may limit the number of special permit licenses issued pursuant to this subsection (4) to a total of 25 annually.

(5) (a) The department shall issue a free either-sex special permit license for elk, deer, or antelope and a conservation license, as applicable, to a resident or nonresident youth under 18 years of age who has been diagnosed with a life-threatening illness and is recommended by a Montana charitable or nonprofit organization. As used in this subsection (5), "life-threatening illness" means any progressive, degenerative, or malignant disease or condition that results in a significant threat to the child's life.

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

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

(d) In exercising hunting privileges, the youth shall conduct all hunting within the terms and conditions of the license issued and in the company of an adult in possession of a valid Montana hunting license or in the company of a licensed Montana outfitter representing the charitable or nonprofit organization that recommended the youth. The nonprofit organization may facilitate licensing and provide a host to help the youth prior to and during the hunt.

(e) The department may issue up to five elk, five deer, and five antelope special permit licenses pursuant to this subsection (5) annually, but not more than one tag per species per hunting district annually. These special permit licenses do not count against any quota set by the department. Licenses issued pursuant to this subsection (5) do not count against the number of antelope licenses reserved for people with permanent disabilities as provided in 87-2-706 or against the licenses reserved for youth with a life-threatening illness as provided in subsection (4).

(f) The department may waive hunter safety and education and bowhunter education requirements provided in 87-2-105 for a qualified youth under this subsection (5) and, in appropriate circumstances, shall also allow the qualified youth to hunt from a vehicle in the manner described in 87-2-803 .

(g) The department shall adopt rules necessary to implement this subsection (5).

(6) Prior to reaching 12 years of age, a minor who will reach 12 years of age by January 16 of a license year may hunt any game species after August 15 of that license year as long as the minor obtains the necessary license pursuant to this chapter.
Mont. Code Ann. § 87-2-306 — MT Code / Title 87 / Chapter 2 / Part 3 / Section 87-2-306
87-2-306 Paddlefish tags
Status: in_force

87-2-306 . Paddlefish tags. The department may issue paddlefish tags to holders of valid Class A, Class A-8, Class B, Class B-4, and Class B-5 fishing licenses for a fee of $6.50 for residents and $15 for nonresidents. Each tag authorizes the holder to fish with hook and line for paddlefish as prescribed by rules of the department.
Mont. Code Ann. § 87-2-404 — MT Code / Title 87 / Chapter 2 / Part 4 / Section 87-2-404
87-2-404 Three-day nonresident captive-reared bird hunting stamp
Status: in_force

87-2-404 . Three-day nonresident captive-reared bird hunting stamp. Except as otherwise provided, a person 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 and who is not a resident, as defined in 87-2-102 , may, upon payment of a fee of $20, receive a 3-day nonresident shooting preserve bird hunting stamp that authorizes a holder who is 12 years of age or older to hunt game specified under 87-4-522 on a shooting preserve licensed under 87-4-501 for 3 consecutive calendar days as indicated on the license.
Mont. Code Ann. § 87-2-602 — MT Code / Title 87 / Chapter 2 / Part 6 / Section 87-2-602
87-2-602 Class C-1--landowner's trapping license
Status: in_force

87-2-602 . Class C-1--landowner's trapping license. Except as otherwise provided in this chapter, any individual who owns land in this state or any tenant or member of the immediate family of the owner or tenant, upon making application to the department and payment of the fee of $1, may receive a Class C-1 license that entitles the holder to trap any fur-bearing animal and to hunt bobcat, wolverine, and lynx on land owned or leased by the individual or the individual's immediate family at times and in a manner that is lawful under the laws of the state and the regulations of the department and at places that may be designated in the license.
Mont. Code Ann. § 87-1-274 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-274
87-1-274 Emergency instream flows -- funding
Status: in_force

87-1-274 . Emergency instream flows -- funding. (1) The legislature recognizes the propriety of establishing voluntary leases or other authorized water augmentation measures for instream flows so that mechanisms will be in place to maintain streamflows sufficient for fisheries and aquatic resources during emergency low-flow conditions.

(2) Funding for voluntary leases and other water augmentation measures authorized under subsection (1) may come from any uncommitted funds allocated to the state under the U.S. fish and wildlife service state wildlife grant program or other available federal funds, matched by the department with up to $500,000 from the future fisheries improvement program provided for in 87-1-272 , from the native Montana fish species enhancement program provided for in 87-1-283 , from the river restoration program provided for in 87-1-257 , from a combination of funds from these programs, or from any other department funds available for voluntary leases or other water augmentation measures.

(3) All leasing or other authorized water augmentation measures for instream flow must comply with all requirements provided in Title 85, chapter 2, parts 3 and 4.
Mont. Code Ann. § 87-4-904 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-904
87-4-904 Application for game bird farm license -- limitation on issuance
Status: in_force

87-4-904 . Application for game bird farm license -- limitation on issuance. (1) A person desiring to obtain a game bird farm license shall make a written application to the department. The application must be submitted on a form provided by the department and specify:

(a) the name of the applicant;

(b) the applicant's address;

(c) the species of game bird and any plans to propagate them;

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

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

(f) the source of game birds; and

(g) for a nonresident owner, the name and address of a local resident agent.

(2) (a) A game bird 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 or otherwise enclosed the place where the game bird farm is to be located.

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

(3) Within 60 days of receiving the application, the department shall notify the applicant of its decision to approve or deny the application. If the required fencing or enclosure has not been completed, the department shall approve the application subject to the fencing or enclosure being completed. If the application is denied, the department shall specify the reasons for denial.
Mont. Code Ann. § 87-2-202 — MT Code / Title 87 / Chapter 2 / Part 2 / Section 87-2-202
87-2-202 Application -- fee
Status: in_force

87-2-202 . Application -- fee. (1) Except as provided in 87-2-817 (2), a conservation license must be sold upon written application. The application must contain the applicant's name, age, [last four digits of the applicant's social security number,] street address of permanent residence, mailing address, qualifying length of time as a resident in the state of Montana, and status as a citizen of the United States or as an alien and must be signed by the applicant. The applicant shall present a valid Montana driver's license, a Montana driver's examiner's identification card, a tribal identification card, or other identification specified by the department to substantiate the required information when applying for a conservation license. It is the applicant's burden to provide documentation establishing the applicant's identity and qualifications to purchase a conservation license or to receive a free conservation license pursuant to 87-2-817 (2).

(2) Hunting, fishing, nonresident wildlife management area shed hunting, or trapping licenses issued in a form determined by the department must be recorded according to rules that the department may prescribe.

(3) (a) Resident conservation licenses may be purchased for a fee of $8, of which 25 cents is a voluntary search and rescue donation.

(b) Nonresident conservation licenses may be purchased for a fee of $10, of which 25 cents is a voluntary search and rescue donation.

(c) A person who purchases a conservation license may make a written election not to pay the additional search and rescue donation in subsections (3)(a) and (3)(b). If a written election is made, the donation may not be collected.

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

(5) The department shall delete the applicant's social security number in any electronic database [5 years after the date that application is made for the most recent license]. (Bracketed language terminates or is amended on occurrence of contingency--sec. 3, Ch. 321, L. 2001. The $2 conservation license fee increases in subsections (3)(a) and (3)(b) enacted by Ch. 596, L. 2003, are void on occurrence of contingency--sec. 8, Ch. 596, L. 2003.)
Mont. Code Ann. § 87-1-210 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-210
87-1-210 Research, training, and other projects
Status: in_force

87-1-210 . Research, training, and other projects. (1) The department may enter into cooperative agreements with educational institutions and state, federal, or other agencies to promote wildlife research and to train personnel for wildlife management. It may enter into cooperative agreements with federal agencies, municipalities, corporations, organized groups of landowners, associations, and individuals for the development of game, bird, fish, or fur-bearing animal management and demonstration projects.

(2) It may establish and maintain an educational and biological program for the collection and diffusion of statistics and information germane to the purpose of this title.
Mont. Code Ann. § 87-1-802 — MT Code / Title 87 / Chapter 1 / Part 8 / Section 87-1-802
87-1-802 Department authorization to effect purposes of compact
Status: in_force

87-1-802 . Department authorization to effect purposes of compact. (1) The department shall enforce the Interstate Wildlife Violator Compact and shall do all things within the department's jurisdiction that are appropriate in order to effectuate the purposes and the intent of the compact.

(2) The department is authorized on behalf of the state of Montana to enter into or withdraw from the Interstate Wildlife Violator Compact pursuant to the terms of Article VIII of the compact.

(3) The department is authorized to adopt amendments to the Interstate Wildlife Violator Compact pursuant to the terms of Article IX of the compact.
Mont. Code Ann. § 87-6-702 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-702
87-6-702 Outfitting without license
Status: in_force

87-6-702 . Outfitting without license. (1) (a) A person may not purposely or knowingly engage in outfitting while not licensed pursuant to Title 37, chapter 47.

(b) A person convicted of a violation of subsection (1)(a) is punishable by a fine of not less than $200 or more than $1,000 or imprisonment in the county jail for up to 1 year, 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 a period set by the court. A sentencing court that imposes a period of license revocation shall consider the provisions of subsection (3).

(2) (a) A person or entity that represents to any other person, any entity, or the public that the person or entity is an outfitter and who commits the offense of outfitting without a license, as described in subsection (1)(a), for any portion of 5 or more days for consideration within 1 calendar year for any person or for consideration valued in excess of $5,000 is punishable by a fine of not more than $50,000 or imprisonment in the state prison for up to 5 years, or both.

(b) A person convicted of a violation of subsection (2)(a) 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 a minimum of 5 years. A sentencing court that imposes a period of license revocation shall consider the provisions of subsection (3).

(3) A sentencing court that imposes a period of license revocation pursuant to subsection (1)(b) or (2)(b) shall consider and may impose any of the following conditions during the period of revocation:

(a) prohibiting the offender from:

(i) participating in any hunting, fishing, or trapping endeavor as a hunter, angler, trapper, scout, guide, observer, or assistant;

(ii) brokering or participating in any lease of property for hunting, fishing, or trapping, either personally or through an agent or representative;

(iii) participating in any seminar or show that is designed to promote hunting, fishing, or trapping;

(iv) purchasing or possessing any hunting, fishing, or trapping permits; and

(b) imposing any other reasonable condition or restriction that is related to the crime committed or that is considered necessary for the rehabilitation of the offender or for the protection of the citizens or wildlife of this state.

(4) A person convicted of a violation of this section shall reimburse the full amount of any fees received to the person to whom illegal outfitting services were provided.

(5) As used in this section, the following definitions apply:

(a) "Consideration" means remuneration given in exchange for outfitting services supplied based on a business relationship between parties, but not including reimbursement for shared trip expenses.

(b) (i) "Outfitting" means providing hunting or fishing services for consideration, including any saddle or pack animal, facilities, camping equipment, personal service, or vehicle, watercraft, or other conveyance for any person to hunt, fish, trap, capture, take, kill, or pursue any game, including fish. The term includes accompanying that person, either part or all of the way, on an expedition for any of these purposes or supervision of a licensed guide in accompanying that person.

(ii) The term does not include:

(A) services provided by packers, wranglers, cooks, or other parties under the direct employment of the outfitter;

(B) services provided by an outfitter's assistant who has documentation as provided in 37-47-404 (4); or

(C) the provision of the services listed in subsection (5)(b)(i) by a person on real property that the person owns for the primary pursuit of bona fide agricultural interests.
Mont. Code Ann. § 87-1-628 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-628
87-1-628 Hunters against hunger account
Status: in_force

87-1-628 . Hunters against hunger account. (1) There is a hunters against hunger account in the state special revenue fund established by 17-2-102 . Funds deposited into this account must be used by the department for the purposes of 87-1-293 .

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

(a) donations received pursuant to 87-1-293 ;

(b) interest earned on the account; and

(c) money received by the department in the form of gifts or grants or from any source intended to be used for the purposes of 87-1-293 .

(3) Any money in the account that is unspent or unencumbered at the end of a fiscal year must remain in the account.
Mont. Code Ann. § 87-4-420 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-420
87-4-420 Taxation
Status: in_force

87-4-420 . Taxation. All alternative livestock raised on an alternative livestock ranch may be assessed as personal property of the owner similar to other livestock.
Mont. Code Ann. § 87-5-721 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-721
87-5-721 Penalty -- license and permit revocation and denial
Status: in_force

87-5-721 . Penalty -- license and permit revocation and denial. (1) Except as provided in subsection (2), a person convicted of a violation of this part 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 department, upon conviction of the person, shall revoke any license or permit issued by it under this title to the person and deny any application by the person for a license or permit under this title for a period not to exceed 2 years from the date of the conviction.

(2) A person who intentionally imports, introduces, or transplants fish in violation of this part:

(a) is guilty of an offense punishable by a fine of not less than $2,000 or more than $10,000 and imprisonment for up to 1 year. A sentencing court may consider an appropriate amount of community service in lieu of imprisonment. A sentencing court may not defer or suspend $2,000 of the fine amount.

(b) is civilly liable for the amount necessary to eliminate or mitigate the effects of the violation. The damages may be recovered on behalf of the public by the department or by the county attorney of the county in which the violation occurred, in a civil action in a court of competent jurisdiction. Money recovered by the department or a county attorney must be deposited in the state special revenue fund as provided in 87-1-601 (1).

(c) upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for not less than 5 years or more than 10 years from the date of conviction or forfeiture. If the time necessary to eliminate or mitigate the effects of the violation exceeds the imposed forfeiture period, a person may be required to forfeit the privilege to hunt, fish, or trap in this state for an additional period of time. If the effects of the violation cannot be eliminated or mitigated, a person may be required to forfeit the privilege to hunt, fish, or trap in this state for life.

(3) Any exotic wildlife held in violation of this part must be shipped out of state, returned to the point of origin, or destroyed within a time set by the department, not to exceed 6 months. The person in possession of the exotic wildlife may choose the method of disposition. If the person in possession of the exotic wildlife does not comply with this requirement, the department may confiscate and then house, transport, or destroy the unlawfully held exotic wildlife. The department may charge any person convicted of a violation of this part for the costs associated with the handling, housing, transporting, or destroying of the exotic wildlife.
Mont. Code Ann. § 87-1-203 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-203
87-1-203 Effect of orders, rules, and regulations
Status: in_force

87-1-203 . Effect of orders, rules, and regulations. All orders and rules and regulations for the enforcement of the powers granted to the department shall take effect and be in force after publication and posting as prescribed in this chapter and when so published or posted shall constitute legal notice.
Mont. Code Ann. § 87-2-807 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-807
87-2-807 Taking migratory game birds for propagation -- avicultural permit
Status: in_force

87-2-807 . Taking migratory game birds for propagation -- avicultural permit. (1) The department may issue avicultural permits for taking, capturing, and possessing migratory game birds, as defined in 87-2-101 , for the purpose of propagation. Before issuing an avicultural permit, the department shall determine that the applicant has been issued the appropriate federal permit or that the applicant will receive the appropriate federal permit subject to concurrence by the department.

(2) An avicultural permit issued under this section must specify:

(a) the species of migratory game birds allowed to be taken under the permit;

(b) whether eggs or hatched birds, or both, may be taken;

(c) the number of eggs or hatched birds, or both, that may be taken;

(d) areas in which collection may be made;

(e) means by which collection may be made;

(f) the time period for which the permit is valid; and

(g) any other conditions imposed by the department under rules adopted pursuant to subsection (5).

(3) Hatched migratory game birds or their eggs taken under an avicultural permit issued in accordance with this section remain the property of the state and may be disposed of only with the permission of the department. Progeny of hatched migratory game birds taken under permit as provided in this section become the private property of the holder of the permit who propagates the migratory game birds, and the owner may sell or transfer the birds as private property, subject to any applicable state or federal law or regulation.

(4) The department may charge a fee for issuing an avicultural permit, if necessary, not to exceed the cost of issuing the permit.

(5) The department shall adopt rules implementing this section.
Mont. Code Ann. § 87-1-305 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-305
87-1-305 Fish and game refuges
Status: in_force

87-1-305 . Fish and game refuges. (1) The commission may establish and close to hunting, trapping, or fishing any game, bird, or fish refuge on public lands and, with the consent of the owner, on private lands. It may close streams, lakes, or parts of them to hunting, trapping, or fishing.

(2) The commission may establish game refuges in which game and fur-bearing animals, game or nongame birds may breed and replenish. These refuges shall be established by order of the commission upon petition and proper showing that the action is, in judgment of the commission, necessary and in the best interest of the wildlife within the area to be included in the refuge. The purpose of this provision is to establish small refuges rather than large preserves or rather than close large areas to hunting or trapping.

(3) The commission may designate and protect certain areas as resting, feeding, and breeding grounds for migratory birds, in which hunting and molestation are forbidden. The purpose of this provision is not to interfere unduly with the hunting of waterfowl but to provide havens in which they can rest, feed, and breed without molestation.

(4) After a petition has been duly filed with the secretary of the commission requesting that an area be set aside as a game refuge, the secretary shall immediately publish a notice in a paper of general circulation in the county in which the area is located. The notice shall state that a hearing on the matter will be held at a designated place in the county not less than 15 days after first publication, at which time and place all interested parties may appear and be heard.
Mont. Code Ann. § 87-1-293 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-293
87-1-293 Hunters against hunger -- findings -- optional donation -- rulemaking
Status: in_force

87-1-293 . Hunters against hunger -- findings -- optional donation -- rulemaking. (1) The legislature finds that:

(a) hunters play a vital role in achieving population management objectives for game animals;

(b) the donation of game animals to charitable or nonprofit organizations for free distribution to people can help stop hunger; and

(c) hunters should have the option of donating $1 or more above the purchase price for certain licenses toward a program that would process donated wild game and distribute the meat to those in need.

(2) A person who applies for or purchases a deer, antelope, elk, or wild buffalo license may donate $1 or more in addition to the price of each license to the hunters against hunger program.

(3) The department shall deposit donations received pursuant to this section into the hunters against hunger account established in 87-1-628 .

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

(a) providing the forms necessary for the hunters against hunger donation option;

(b) regulating the payment of funds from the hunters against hunger account to a nonprofit organization exempt from taxation under 26 U.S.C. 501(c)(3) for the processing of donated or seized game animals; and

(c) establishing guidelines for the donation of game animals to a nonprofit organization exempt from taxation under 26 U.S.C. 501(c)(3) that is paid from the hunters against hunger account and for the donation of processed game meat to those in need.
Mont. Code Ann. § 87-4-525 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-525
87-4-525 Reporting of game
Status: in_force

87-4-525 . Reporting of game. All harvested game must be accompanied by a harvest form provided by the department until the game is consumed. The department shall furnish the harvest form at no cost to shooting preserve operators.
Mont. Code Ann. § 87-4-903 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-903
87-4-903 Game bird farm license required
Status: in_force

87-4-903 . Game bird farm license required. Except as provided in 87-4-902 , a person may not own, control, or propagate game birds unless the person holds a current game bird farm license from the department. A person who violates this section is subject to the penalties provided in 87-6-716 .
Mont. Code Ann. § 87-1-402 — MT Code / Title 87 / Chapter 1 / Part 4 / Section 87-1-402
87-1-402 Oath of director
Status: in_force

87-1-402 . Oath of director. Before entering upon official duties, the director shall take and subscribe the constitutional oath of office and shall in addition swear or affirm that the director does not hold another 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. § 87-5-805 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-805
87-5-805 Account -- deposits
Status: in_force

87-5-805 . Account -- deposits. (1) There is a wildlife habitat improvement account in the federal special revenue fund established in 17-2-102 . Up to $2 million annually in federal special revenue funds for wildlife purposes as appropriated by the legislature may be deposited in the account.

(2) The department may accept gifts, grants, contracts, or other funds designated for the purposes of this part. Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for the purposes of this part must be deposited as appropriate in the federal special revenue fund or in the state special revenue fund established in 17-2-102 .
Mont. Code Ann. § 87-5-712 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-712
87-5-712 Authority for commission to control importation, possession, or sale of certain wildlife species and exotic wildlife
Status: in_force

87-5-712 . Authority for commission to control importation, possession, or sale of certain wildlife species and exotic wildlife. (1) The commission may, after public hearing and recommendation by the classification review committee in 87-5-708 , list by administrative rule wildlife species or exotic wildlife that may not be imported, possessed, or sold as pets for captive breeding for research or commercial purposes, for the commercial pet trade, or for any other reason. A wildlife species or exotic wildlife may be placed on the list only after the commission finds that:

(a) the exotic wildlife would not be readily subject to control by humans while in captivity;

(b) if released from captivity, the exotic wildlife would pose a substantial threat to native wildlife and plants or agricultural production; or

(c) the exotic wildlife would pose a risk to human health or safety, livestock, or native wildlife through disease transmission, hybridization, or ecological or environmental damage.

(2) The commission may make exceptions for wildlife species or exotic wildlife otherwise prohibited under this section if the wildlife species or exotic wildlife is controlled in an institution listed in 87-5-709 (1)(a) and under any conditions specified by the commission.
Mont. Code Ann. § 87-2-801 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-801
87-2-801 Licenses for residents at least 62 years of age or at least 75 years of age
Status: in_force

87-2-801 . Licenses for residents at least 62 years of age or at least 75 years of age. (1) A resident, as defined in 87-2-102 , who is 62 years of age or older may purchase the following for one-half the cost:

(a) a conservation license;

(b) a Class A fishing license;

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

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

(e) a Class A-5 elk tag;

(f) a Class AAA combination sports license that does not include a Class A-6 black bear tag.

(2) A resident, as defined in 87-2-102 , who is 75 years of age or older may use a general elk license to harvest an antlerless elk:

(a) during any season in a hunting district in which a youth under 15 years of age may harvest an antlerless elk; and

(b) on privately owned land.
Mont. Code Ann. § 87-2-730 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-730
87-2-730 Special wild buffalo license -- regulation
Status: in_force

87-2-730 . Special wild buffalo license -- regulation. (1) The public hunting of wild buffalo or bison that have been designated as a species in need of disease control under 81-2-120 is permitted only when authorized by the department of livestock under the provisions set forth in 81-2-120 .

(2) The department may issue special licenses to hunt wild buffalo or bison designated as a species in need of disease control when authorized by the department of livestock.

(3) The department shall adopt rules in cooperation with the department of livestock. The rules must provide for:

(a) license drawing procedures;

(b) application fees consistent with 87-2-113 ;

(c) notification of license recipients as to when and where they may hunt;

(d) fair chase hunting of wild buffalo or bison, including requirements that hunting be conducted on foot and away from public roads and that there be no designation of specific wild buffalo or bison to be hunted;

(e) means of taking and handling of carcasses in the field, which must include provisions for public safety because of the potential for the spread of infectious disease;

(f) the use of bows and arrows and other hunting arms;

(g) tagging requirements for carcasses, skulls, and hides;

(h) possession limits;

(i) requirements for transportation and exportation; and

(j) requirements and criteria for authorization by the state veterinarian and the department of livestock of any public hunting.
Mont. Code Ann. § 87-4-914 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-914
87-4-914 Release of birds
Status: in_force

87-4-914 . Release of birds. Game bird farm licensees may release birds into the wild only with the prior approval of the director.
Mont. Code Ann. § 87-4-905 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-905
87-4-905 License fee -- deposit of fees
Status: in_force

87-4-905 . License fee -- deposit of fees. (1) A game bird farm license is $300.

(2) The fees must be deposited in the state special revenue fund for the use of the department for purposes of this part.
Mont. Code Ann. § 87-1-227 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-227
87-1-227 Hunting rights on adjoining federal wildlife preserve
Status: in_force

87-1-227 . Hunting rights on adjoining federal wildlife preserve. (1) The department shall negotiate for and enter into written agreements with owners, lessors, lessees, or others having control of areas, tracts, or parcels of land adjoining or contiguous to any United States federal wildlife preserve, including any wildlife refuge for migratory waterfowl in any section of Montana, for the purpose of securing equal hunting and shooting rights for all resident holders of fish and game licenses in Montana on such adjoining and contiguous lands and preventing such preserves from being surrounded by lands whereon such licensees may not enter. The department shall, further, open or cause to be opened to public hunting and shooting of migratory waterfowl on any roads, lanes, and trails not a part of the traveled portion of any federal-aid highway system within a 1-mile limit from the boundaries of any such preserve or refuge. The department shall cause any such area, tract, road, lane, or trail to be plainly posted with clear signs showing the boundaries of the areas, tracts, roads, lanes, or trails open to shooting and hunting by licensees.

(2) The department is hereby authorized to negotiate the payment of a reasonable sum to landowners, lessors, or lessees for the right of the department to create a public shooting area upon their lands. The amount that may be paid for such purpose shall rest in the discretion of the department.
Mont. Code Ann. § 87-1-202 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-202
87-1-202 Publication of orders and rules
Status: in_force

87-1-202 . Publication of orders and rules. (1) Except as provided in subsection (2), annual and biennial rules adopted by the commission setting seasonal hunting, fishing, trapping, and land use regulations or by the board setting seasonal land use regulations must be published in a pamphlet format that is made available to the public at all department offices and through all license providers.

(2) Site-specific land use regulations applicable to a particular fishing access site, wildlife management area, park site, or other department land, including but not limited to speed limits, road and off-road restrictions or closures, places where camping is allowed or prohibited, and seasonal closures for management purposes, must be indicated to the public by signs on the premises of the particular fishing access site, wildlife management area, park site, or other department land.

(3) (a) Commission orders setting management seasons, providing for game damage hunts, and closing special seasons pursuant to 87-1-304 may be published by:

(i) use of the department's website;

(ii) use of a telephone hotline number; or

(iii) any other method that is readily available to the public.

(b) The method for notifying the public of the closure of a special season must be stated in the rule that establishes the special season.

(4) Public notification of emergency closures of department lands, public waterways, and hunting, fishing, and trapping seasons that are based on public health, safety, and welfare must be made in the manner and to the extent that the department considers necessary in light of the facts surrounding the emergency, including, when practical, onsite posting of the emergency closure.
Mont. Code Ann. § 87-5-204 — MT Code / Title 87 / Chapter 5 / Part 2 / Section 87-5-204
87-5-204 License and rules for falconry and raptors
Status: in_force

87-5-204 . License and rules for falconry and raptors. (1) The commission shall adopt specific rules for the keeping of records and for the trapping, taking, possession by residents and nonresidents, selling or transfer of possession, or training of raptors used in the practice of falconry and may authorize the issuance of licenses to persons for the practice of falconry and set license qualifications and fees. Rules adopted under this section are intended to conform to standards and regulations adopted under federal law by being at least as restrictive.

(2) Licensees must have in possession a valid falconer's license when engaged in the practice of falconry. In addition, falconers loosing raptors at game birds must have in possession a valid resident or nonresident upland game bird license or waterfowl stamp, as appropriate.

(3) Falconry licenses or permits are not transferable and may be revoked for due cause at any time by the department.
Mont. Code Ann. § 87-2-511 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-511
87-2-511 Sale and use of Class B-10 and Class B-11 licenses
Status: reserved

87-2-511 . (Temporary) Sale and use of Class B-10 and Class B-11 licenses. (1) The department shall offer the Class B-10 and Class B-11 licenses for sale on April 1, with 2,000 of the authorized Class B-11 licenses reserved for applicants indicating their intent to hunt with a resident sponsor on land owned by that sponsor, as provided in subsections (2) and (3).

(2) Each application for a resident-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant intends to hunt with a resident sponsor and must indicate the name of the resident sponsor with whom the applicant intends to hunt. In addition, the application must be accompanied by a certificate that is signed by a resident sponsor and that affirms that the resident sponsor will:

(a) direct the applicant's hunting and advise the applicant of game and trespass laws of the state;

(b) submit to the department, in a manner prescribed by the department, complete records of who hunted with the resident sponsor, where they hunted, and what game was taken; and

(c) accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

(3) The certificate signed by the resident sponsor pursuant to subsection (2) must also affirm that the sponsor is a landowner and that the applicant under the certificate will hunt only on land owned by the sponsor. If there is a sufficient number of licenses set forth in subsection (1), the department shall issue a license to one applicant sponsored by each resident landowner who owns 640 or more contiguous acres. If enough licenses remain for a second applicant for each resident landowner sponsor, the department shall issue a license to the second applicant sponsored by each resident landowner. The department shall conduct a drawing for any remaining resident-sponsored licenses. If there is not a sufficient number of licenses set forth in subsection (1) to allow each resident landowner who owns 640 contiguous acres to sponsor one applicant, the department shall conduct a drawing for the resident-sponsored licenses. However, a resident sponsor of a Class B-11 license may submit no more than 15 certificates of sponsorship in any license year.

(4) A nonresident who hunts under the authority of a resident landowner-sponsored license shall conduct all deer hunting on the deeded lands of the sponsoring landowner.

(5) All Class B-10 and Class B-11 licenses that are not reserved under subsection (1) must be issued by a drawing among all applicants for the respective unreserved licenses.

(6) (a) An applicant who applies for a Class B-10 license and an applicable special elk permit but who is not successful in a drawing for the special elk permit may choose to retain only the Class B-7 portion of the Class B-10 license. The department shall sell the Class B-7 portion as a Class B-11 license for the fee set in 87-2-510 . The provisions of this subsection (6)(a) do not affect the limits established in 87-2-510 (2). The remaining elk tag portion of the Class B-10 license must be sold by the department as an elk-only combination license for a fee of $831.

(b) Subject to the statutory quota provided in 87-2-505 , if the department determines all available elk-only combination licenses have sold by December 1 in any license year, the cost of the elk-only combination license must be adjusted for the subsequent license year based on any change to the consumer price index from the previous year. The consumer price index to be used for calculations is the consumer price index for all urban consumers (CPI-U). The adjusted cost must be rounded down to the nearest even-numbered amount and applies to subsequent license years unless the conditions of this subsection are met.

(c) The department may retain 10% of the Class B-10 license fee if an applicant chooses to buy only a portion of the Class B-10 license pursuant to subsection (6)(a) after the Class B-10 license has been issued to the applicant.

(d) The revenue collected pursuant to this subsection (6) must be deposited in the state special revenue account to the credit of the department and may not be allocated pursuant to other statutory requirements generally applicable to Class B-10 or Class B-11 licenses.
Mont. Code Ann. § 87-1-404 — MT Code / Title 87 / Chapter 1 / Part 4 / Section 87-1-404
87-1-404 Appointment of deputy director and wardens
Status: in_force

87-1-404 . Appointment of deputy director and wardens. The director shall have the power to employ and appoint a deputy director and a sufficient number of wardens for the proper enforcement of the fish and game laws of the state and the orders, rules, and regulations of the department and for such other purposes as the director may designate.
Mont. Code Ann. § 87-5-702 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-702
87-5-702 Definitions
Status: in_force

87-5-702 . Definitions. For purposes of this part, the following definitions apply:

(1) "Controlled exotic wildlife" means species placed on the controlled exotic wildlife list under 87-5-707 that may be imported, possessed, or sold only pursuant to commission and department rules and an authorization permit provided for in 87-5-705 (2).

(2) "Domestic animal" means an animal that, through long association with humans, has been bred to a degree that has resulted in genetic changes affecting color, temperament, conformation, or other attributes of the species to an extent that makes the animal unique and distinguishable from wild individuals of the species and that is readily controllable if accidentally released into the wild. The term includes livestock, as defined in 81-2-702 , dogs, cats, rodents, Eurasian ferrets, and poultry.

(3) "Exotic wildlife" means a wildlife species that is not native to Montana.

(4) "Feral" means the appearance of an animal and any offspring that have escaped captivity and become wild.

(5) "Importation" means the act of receiving, bringing or having brought, or shipping into the state for a person's temporary or permanent residence or domicile any wildlife from a location outside the state.

(6) "Introduction" means the release from captivity or attempt to release from captivity, intentional or otherwise, wildlife from outside the state into the wild within the state.

(7) "Native wildlife" means a species or subspecies of wildlife that historically occurred in Montana and that has not been introduced by humans or has not migrated into Montana as a result of human activity.

(8) "Noncontrolled exotic wildlife" means animal species traditionally sold or kept as pets and includes animals listed in 87-5-706 or animals that are added to the list in 87-5-706 by commission rule.

(9) "Possession" means to own or have control over an animal for personal use or resale.

(10) "Prohibited exotic wildlife" means animal species placed on the list provided in 87-5-704 (3)(a) that may not be imported, possessed, or sold.

(11) "Transplantation" means the release of or attempt to release, intentional or otherwise, wildlife from one place within the state into another part of the state.

(12) (a) "Wildlife" means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or the egg, sperm, embryo, or offspring of the wild animal.

(b) The term does not include domestic animals.
Mont. Code Ann. § 87-2-201 — MT Code / Title 87 / Chapter 2 / Part 2 / Section 87-2-201
87-2-201 Conservation license required and prerequisite for other licenses
Status: in_force

87-2-201 . Conservation license required and prerequisite for other licenses. (1) Except as provided in 87-2-803 (6) and 87-2-815 , it is unlawful for any person to engage in any of the following without first having purchased a conservation license as provided in this part:

(a) purchase or apply for a hunting, fishing, nonresident wildlife management area shed hunting, or trapping license;

(b) use lands owned or controlled by the department; or

(c) engage in general recreational use as defined in 77-1-101 on state trust land pursuant to an agreement established under 77-1-815 .

(2) If the department of natural resources and conservation and the department enter into an agreement pursuant to 77-1-815 , the department shall submit every other legislative session a report to the legislature in accordance with 5-11-210 that documents the number of conservation licenses sold and revenue received pursuant to this section. The first report shall be provided to the legislature by January 1, 2027.
Mont. Code Ann. § 87-4-1101 — MT Code / Title 87 / Chapter 4 / Part 11 / Section 87-4-1101
87-4-1101 Transfer of ownership interest in commercial licenses
Status: in_force

87-4-1101 . Transfer of ownership interest in commercial licenses. Unless otherwise specifically provided in this chapter, the sale or transfer of an ownership interest in an incorporated entity that holds a commercial license issued pursuant to this chapter does not constitute a transfer of the license so long as the license remains in the name of the incorporated entity.
Mont. Code Ann. § 87-5-509 — MT Code / Title 87 / Chapter 5 / Part 5 / Section 87-5-509
87-5-509 Penalty and restoration
Status: in_force

87-5-509 . Penalty and restoration. (1) An agency, under 87-5-502 , violating provisions of this part shall be assessed a fine of not less than $100 or more than $500 for each day of continuing violation but not more than a total of $1,000.

(2) In addition, at the discretion of the court, the agency shall restore the damaged stream to its prior condition. Employees of an agency acting in the ordinary course of their employment under directions of a superior are not liable for violations under this section.

(3) The department may institute and maintain in the name of the state enforcement proceedings under this section. All fines assessed under this section shall be deposited in the state special revenue fund for the use of the department.
Mont. Code Ann. § 87-2-708 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-708
87-2-708 Class A-2--special bow and arrow license
Status: in_force

87-2-708 . Class A-2--special bow and arrow license. A holder of a valid hunting license for which a special archery season is set by the department may receive, upon payment of an additional fee of $10, a Class A-2 license that authorizes the holder to hunt with bow and arrow the game animals authorized by the licenses held and to possess the carcass of the game animals during seasons and in areas designated by the department.
Mont. Code Ann. § 87-5-914 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-914
87-5-914 Application to mineral estates
Status: in_force

87-5-914 . Application to mineral estates. No provision of this part may be construed to alter Montana law regarding the primacy of the mineral estate, to limit access to the mineral estate, or to limit development of the mineral estate.
Mont. Code Ann. § 87-2-605 — MT Code / Title 87 / Chapter 2 / Part 6 / Section 87-2-605
87-2-605 Class C-3--youth trapping license
Status: in_force

87-2-605 . Class C-3--youth trapping license. Except as otherwise provided in this chapter, a resident, as defined in 87-2-102 , who is 6 years of age or older and less than 12 years of age, upon making application to the department, may receive a Class C-3 license that authorizes the holder to trap fur-bearing animals, the trapping of which has not been restricted by the commission, within the state at the times and in the manner provided by law and the regulations of the commission and at the places that may be designated in the license.
Mont. Code Ann. § 87-1-804 — MT Code / Title 87 / Chapter 1 / Part 8 / Section 87-1-804
87-1-804 Suspension of privileges for failure to comply with citation issued in participating state
Status: in_force

87-1-804 . Suspension of privileges for failure to comply with citation issued in participating state. (1) The department shall suspend the hunting, trapping, or fishing privileges of any resident of Montana upon notification from the licensing authority of an issuing state that the resident has failed to comply with the terms of a citation issued for a wildlife violation. The suspension remains in effect until the department receives satisfactory evidence of compliance from the issuing state.

(2) Notice of the suspension must be sent to the resident, who shall surrender all current Montana hunting, trapping, and fishing licenses to the department within 10 days.
Mont. Code Ann. § 87-5-802 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-802
87-5-802 Definitions
Status: in_force

87-5-802 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Council" means the wildlife habitat improvement advisory council established in 87-5-803 .

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

(3) "Habitat" means the natural environment where a species lives or thrives.

(4) "Noxious weed" has the same meaning as provided in 7-22-2101 .
Mont. Code Ann. § 87-3-202 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-202
87-3-202 Supervision over fish hatcheries by director
Status: in_force

87-3-202 . Supervision over fish hatcheries by director. The director has general supervision over all fish hatcheries in the state. The output of all hatcheries shall be used to stock the lakes and streams of the state and shall be for free and impartial distribution. Distribution shall be under the direction of the department subject to an official order of the director. The director may exchange spawn or fish with other states or persons for distribution in this state.
Mont. Code Ann. § 87-2-304 — MT Code / Title 87 / Chapter 2 / Part 3 / Section 87-2-304
87-2-304 Class B-4--one-day nonresident fishing license
Status: in_force

87-2-304 . Class B-4--one-day nonresident fishing license. (1) Any person not a resident, as defined in 87-2-102 , upon payment of the sum of $14 to any agent of the department authorized to issue fishing and hunting licenses, is entitled to a 1-day nonresident fishing license that authorizes the holder to fish with hook and line, as prescribed by rules and regulations of the department, for 1 calendar day.

(2) When purchasing a license pursuant to this section, the applicant shall indicate, and the license must state, on which calendar date the license will be used. There is no limit on the number of 1-day licenses a person may purchase. If the person is purchasing multiple 1-day licenses at one time, the department may issue a single license listing the multiple calendar dates for which the license is valid. The dates need not be consecutive.
Mont. Code Ann. § 87-5-707 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-707
87-5-707 Controlled exotic wildlife list
Status: in_force

87-5-707 . Controlled exotic wildlife list. As provided in 87-5-704 (3)(a), the commission, after a public hearing and recommendation from the classification review committee established in 87-5-708 , may by rule adopt a list of controlled exotic wildlife that may be imported, possessed, or sold only pursuant to commission and department rules and department authorization.
Mont. Code Ann. § 87-1-286 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-286
87-1-286 Fishing access enhancement program -- benefits for providing fishing access -- cooperative agreement -- factors for determining benefits earned -- restriction on landowner liability
Status: in_force

87-1-286 . Fishing access enhancement program -- benefits for providing fishing access -- cooperative agreement -- factors for determining benefits earned -- restriction on landowner liability. (1) As provided in 87-1-285 , the department may establish and administer a voluntary program to enhance fishing access. The program must be designed to provide tangible benefits to participating private landowners who grant access to or across their land for public fishing.

(2) A contract for participation in the fishing access enhancement program is established through a cooperative agreement between the landowner and the department that will guarantee reasonable access for public fishing, which may include leases, easements, or rights-of-way to rivers, streams, ponds, or lakes on the landowner's property and leases or easements for access along the banks or shorelines of rivers, streams, ponds, or lakes on the property. Landowners may also form a voluntary association when development of a unified cooperative agreement is advantageous. A cooperative agreement must contain a detailed description of the plan developed by the landowner and the department and may include but is not limited to:

(a) fishing access management, which may include off-road parking, foot trails, and vehicle access roads;

(b) services to be provided to the public;

(c) landowner property rules and other restrictions;

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

(e) notice to adjacent landowners.

(3) If the department determines that the plan referred to in subsection (2) may adversely influence fish management decisions or fishing habitat on public lands, then other public land agencies, interested sportspersons, and affected landowners must be consulted. An affected landowner's management goals and personal observations regarding fish populations and habitat use must be considered in developing the plan.

(4) The commission shall develop rules for determining tangible benefits to be provided to a landowner for providing public fishing access. Benefits will be provided to offset potential impacts associated with public fishing access, including but not limited to those associated with general property maintenance, conservation efforts, weed control, fire protection, liability insurance, roads, fences, and parking area maintenance. Program priority must be given to properties that provide the greatest fishing access for the lowest costs. Factors used in determining benefits may include but are not limited to:

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

(b) fish habitat provided; and

(c) access provided to adjacent public lands.

(5) Benefits earned by a landowner under this section may be applied in, but application is not limited to, the following manner:

(a) A landowner may receive direct monetary compensation for providing fishing access.

(b) A landowner may direct weed control payments to be made directly to the county weed control board or may elect to receive payments directly.

(c) A landowner may direct fire protection payments to be made directly to the local fire district or the county where the landowner resides or may elect to receive payments directly.

(d) A landowner may receive direct payment to offset insurance costs incurred for allowing public fishing access.

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

(6) The restriction on liability of a landowner, agent, or tenant that is provided under 70-16-302 (1) applies to a landowner who participates in the fishing access enhancement program.
Mont. Code Ann. § 87-2-302 — MT Code / Title 87 / Chapter 2 / Part 3 / Section 87-2-302
87-2-302 Class B--nonresident fishing license
Status: in_force

87-2-302 . Class B--nonresident fishing license. Any person not a resident, as defined in 87-2-102 , upon payment of the sum of $100 to any agent of the department authorized to issue fishing and hunting licenses, is entitled to a Class B license that entitles the holder to fish with hook and line as authorized by the rules and regulations of the department.
Mont. Code Ann. § 87-6-904 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-904
87-6-904 Different penalty for unlawful attempt to hunt or trap
Status: in_force

87-6-904 . Different penalty for unlawful attempt to hunt or trap. A person convicted of unlawfully attempting to hunt or trap a game animal shall be fined not less than $200 or more than $600 or be imprisoned in the county detention center for not more than 60 days, or both.
Mont. Code Ann. § 87-5-112 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-112
87-5-112 Construction
Status: in_force

87-5-112 . Construction. This part may not be construed to apply retroactively or to prohibit importation into the state of wildlife that are lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale, or shipment of any wildlife whose species or subspecies is determined to be threatened with statewide extinction in this state but not in the state where originally taken, if the person engaging therein demonstrates by substantial evidence that the wildlife was lawfully taken or removed from the state. However, this section may not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale, or shipment within this state of wildlife on the United States' list of endangered native fish and wildlife, as amended and accepted in accordance with 87-5-107 (5), except as permitted in the provision by 87-5-107 (3) and (4) and 87-5-109 (1).
Mont. Code Ann. § 87-2-735 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-735
87-2-735 Landowner preference licenses and permits for deer and antelope
Status: in_force

87-2-735 . (Temporary) Landowner preference licenses and permits for deer and antelope. (1) Subject to the provisions of subsection (2) and the limitation in subsection (3), a person who owns 160 acres or more of real property that is primarily used for agricultural purposes in a hunting district in which a limited number of deer or antelope licenses or permits are awarded must be issued, on application, a license or permit to hunt deer or antelope in the hunting district under the terms and conditions of the license or permit.

(2) When the real property is held jointly or in common by several persons, only one of the joint or common owners is entitled to the preference provided in this section, or the owners may designate their preference to a person who is an immediate family member or who is employed by the owner or owners as a land manager or in a similar capacity. Preference may not be awarded to a landowner if the hunting area is totally within the prescribed boundaries of public land.

(3) Fifteen percent of limited licenses or permits available each year in a hunting district for deer or antelope must be available to landowners under this section. If the number of persons applying pursuant to this section exceeds 15% of licenses and permits available for that hunting district, the department shall award the licenses and permits by drawing. The department shall provide a method of selecting first, second, and third choice hunting districts if a drawing is required.
Mont. Code Ann. § 87-1-511 — MT Code / Title 87 / Chapter 1 / Part 5 / Section 87-1-511
87-1-511 Sale of confiscated birds and animals -- disposition of seized grizzly bears
Status: in_force

87-1-511 . Sale of confiscated birds and animals -- disposition of seized grizzly bears. (1) Except as provided in 87-1-226 (1), all birds, animals, fish, heads, hides, teeth, or other parts of any animal other than grizzly bear seized by any officer or warden or otherwise acquired by a department employee in the scope of employment may be sold, under the direction of the director or wardens, at a time, place, and manner so as to receive the highest price. The sale must be at public auction to the highest and best bidder. The director or the wardens shall publish notice of the time and place of the sale, together with a description of the birds, fish, animals, or parts or portions of animals to be sold, in a newspaper of general circulation published in the county where the sale is to be held. The notice must be published at least once, and the sale may not be less than 5 or more than 30 days after the last publication. If the property seized is perishable, it may be sold by those officers without publishing notice of the sale. The property may be sold upon that public notice and under those terms and conditions that in the discretion of the officers seem conducive to securing full value.

(2) All grizzly bears or heads, hides, teeth, claws, or other parts of grizzly bears seized by any officer or warden may be donated to museums, educational institutions, government agencies, or persons conducting scientific studies, as approved by the commission. If approved under federal law, parts may be sold at public auction if, after approval by the commission, a reasonable attempt has been made to dispose of the parts.
Mont. Code Ann. § 87-6-104 — MT Code / Title 87 / Chapter 6 / Part 1 / Section 87-6-104
87-6-104 Fish and game code not to supersede criminal code -- statute of limitations
Status: in_force

87-6-104 . Fish and game code not to supersede criminal code -- statute of limitations. (1) The penalty provisions of this title are intended to supplement but not supersede the provisions of Title 45. Nothing in this title limits the prosecution of any conduct defined as an offense in Title 45.

(2) Unless otherwise provided, the general time limitations for prosecutions for violations of any offense under this title are those time limitations specified in 45-1-205 .
Mont. Code Ann. § 87-1-713 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-713
87-1-713 Federal waterfowl and wildlife area acquisitions -- submission to affected county governing bodies for review
Status: in_force

87-1-713 . Federal waterfowl and wildlife area acquisitions -- submission to affected county governing bodies for review. The governor, the department, or their agents, responsible under federal law for final approval of land, wetland, and water acquisitions in fee by the United States government or its agents for waterfowl protection areas or wildlife refuges, or the United States fish and wildlife service shall submit the proposed acquisitions to the governing body of each county in which all or part of the land, wetland, and water areas are proposed to be located for the governing body's recommendations.
Mont. Code Ann. § 87-2-119 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-119
87-2-119 Electronic validation of hunting licenses and tags -- rulemaking
Status: in_force

87-2-119 . Electronic validation of hunting licenses and tags -- rulemaking. (1) A hunter may electronically validate any hunting license or tag issued electronically pursuant to this chapter for any species for which a carcass tag is issued.

(2) Electronic validation of licenses pursuant to this section may not include the collection of hunter location data through the use of a global positioning system.

(3) The department may adopt rules to implement this section. Except as provided in 87-3-310 , the department may adopt rules regarding the possession of a species for which a license or tag was electronically validated.
Mont. Code Ann. § 87-2-405 — MT Code / Title 87 / Chapter 2 / Part 4 / Section 87-2-405
87-2-405 Class B-2--3-day nonresident upland game bird license
Status: in_force

87-2-405 . (Temporary) Class B-2--3-day nonresident upland game bird license. (1) Except as otherwise provided and subject to subsection (2), a person who is not a resident, as defined in 87-2-102 , but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued may, upon payment of a fee of $50, receive a Class B-2 license that entitles a holder who is 12 years of age or older to hunt upland game birds for 3 calendar days as indicated on the license and possess the carcasses of upland game birds as authorized by the commission.

(2) A Class B-2 license may not be used to hunt or take:

(a) ring-necked pheasants during the opening week of that season; or

(b) sage grouse at any time.
Mont. Code Ann. § 87-4-305 — MT Code / Title 87 / Chapter 4 / Part 3 / Section 87-4-305
87-4-305 Issuance and expiration of licenses
Status: in_force

87-4-305 . Issuance and expiration of licenses. The license required by this part shall be issued annually and shall expire on April 30 of each year, and no reduction in the fee charged for said license shall be made in any case where said license runs for less than 1 year.
Mont. Code Ann. § 87-1-294 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-294
87-1-294 Unlocking public lands program -- purpose -- commission rulemaking authority
Status: in_force

87-1-294 . (Temporary) Unlocking public lands program -- purpose -- commission rulemaking authority. (1) The legislature finds that increasing access to public lands will provide additional opportunities for activities such as hunting, fishing, wildlife viewing, and other recreational activities as determined by the commission.

(2) The department may establish and administer a voluntary program to encourage access through private land to parcels not previously deemed legally accessible to be known as the unlocking public lands program.

(3) Private land is not eligible for the unlocking public lands program if outfitting or commercial hunting restricts public hunting opportunities on that land.

(4) If the parcel not previously deemed legally accessible is leased state land under Title 77, chapter 1, only the lessee with a qualified access to that state land under 15-30-2380 is eligible for the unlocking public lands program.

(5) (a) A contract for participation in the unlocking public lands program is established through a cooperative agreement between the landowner and the department that guarantees reasonable access to public land through the landowner's private land. This contract serves as certification that the landowner is providing qualified access to public land and is eligible for the tax credit identified in 15-30-2380 . The contract must include a certification number for identification purposes. The department shall provide a copy of the contract to the landowner and notify the department of revenue of the certification number. Contracts may be established with landowners:

(i) to provide direct access across a landowner's land to a public parcel; or

(ii) who own land adjacent to the point where the corners of two parcels of public land meet. A landowner with a contract pursuant to this subsection (5)(a)(ii) shall grant access through the landowner's land to establish a corridor between the two parcels of public land. At least one of the parcels of public land must be accessible by a public road, waterway, or access granted by a landowner.

(b) Contracts under subsection (5) may be established with landowners who, prior to January 1, 2016, provided access to public land that was otherwise not legally accessible under subsection (9). Landowners who establish contracts under this subsection (5)(b) are eligible to receive the tax credit identified in 15-30-2380 .

(6) The commission shall develop rules for establishing contracts under this section regarding:

(a) duration of access;

(b) types of qualified access; and

(c) reasonable landowner-imposed limitations.

(7) The department shall provide public notice of any available qualified access to public land established through the unlocking public lands program.

(8) Recreational users of access established by the unlocking public lands program shall remain in the prescribed access route or corridor as defined by the contract in subsection (5).

(9) For purposes of this section:

(a) "parcels not previously deemed legally accessible" means public land that cannot be accessed by:

(i) public road, right-of-way, or easement;

(ii) public waters;

(iii) adjacent federal, state, county, or municipal land that is open to public use; or

(iv) adjacent private land because that landowner has not granted permission to cross; and

(b) "public land" means:

(i) state land, as defined in 77-1-101 ; or

(ii) federal land managed by the U.S. forest service or the bureau of land management. (Terminates December 31, 2027--secs. 1, 2, Ch. 139, L. 2017.)
Mont. Code Ann. § 87-1-126 — MT Code / Title 87 / Chapter 1 / Part 1 / Section 87-1-126
87-1-126 Use of exploding targets prohibited -- definition -- penalty
Status: in_force

87-1-126 . Use of exploding targets prohibited -- definition -- penalty. (1) The use of exploding targets on properties managed pursuant to this title is prohibited when the department of natural resources and conservation determines that fire danger is high, very high, or extreme.

(2) For the purposes of this section, "exploding targets" means commercial targets that explode when impacted by a high-velocity projectile or targets created by combining components, including but not limited to ammonium nitrate and aluminum powder, that explode when impacted by a high-velocity projectile.

(3) A person convicted of a violation of this section is guilty of a misdemeanor and shall be fined not more than $500 or be imprisoned in the county jail for not more than 6 months.
Mont. Code Ann. § 87-4-530 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-530
87-4-530 Use of temporary holding pens
Status: in_force

87-4-530 . Use of temporary holding pens. (1) During the shooting preserve season established in 87-4-521 , artificially propagated upland game birds may be held in temporary holding pens for up to 120 days after being delivered to a shooting preserve to acclimate them to the shooting preserve environment.

(2) Any bird held in a temporary holding pen that has not been released on the shooting preserve may not be sold without obtaining a game bird farm license under Title 87, chapter 4, part 9.
Mont. Code Ann. § 87-6-707 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-707
87-6-707 Unlawful sale of fish or spawn
Status: in_force

87-6-707 . Unlawful sale of fish or spawn. (1) Except as provided in subsections (2) and (3), a person may not, for speculative purposes, for market, or for sale, catch game fish or remove or cause to be removed the eggs or spawn of any game fish in any way. A person may not sell or offer for sale game fish or the eggs or spawn from game fish.

(2) The restrictions of subsection (1) do not apply to the:

(a) catching of fish or the collecting of eggs or spawn in a private fish pond licensed under 87-4-603 by the owner of the pond;

(b) taking of fish by state authorities for the purpose of obtaining eggs for propagation in state fish hatcheries or by any person who receives a permit from the department to take eggs for use in a private fish pond licensed under 87-4-603 ;

(c) catching of whitefish by the holder of a valid fishing license fishing with hook and line or a rod in specified waters designated by rules of the commission;

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

(e) sale by the department of fish eggs produced from brood stock owned by the department but determined to be in excess of the department's needs.

(3) A person may possess and sell legally taken nongame fish as provided in 87-4-609 and rules adopted by the department pursuant to 87-4-609 .

(4) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.
Mont. Code Ann. § 87-1-325 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-325
87-1-325 Rulemaking -- discounted antlerless elk B tag licenses
Status: in_force

87-1-325 . Rulemaking -- discounted antlerless elk B tag licenses. (1) The department and the commission shall adjust existing wildlife management rules and plans to implement 87-1-321 through 87-1-325 .

(2) The department and the commission may adopt rules for determining sustainability. The commission shall consider average carrying capacity and use generally accepted animal unit factors for each species in each commission region.

(3) Any rules adopted by the department pursuant to subsection (2) must be adopted in a timely manner.

(4) The commission may offer for sale at one-half the cost of a regularly priced license Class A-9 resident antlerless elk B tag licenses and Class B-12 nonresident antlerless elk B tag licenses to be used as prescribed by the commission on private lands in hunting districts where the elk population is above the sustainable population number established pursuant to 87-1-323 as determined by the department's most recent elk survey count.
Mont. Code Ann. § 87-1-228 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-228
87-1-228 Agreement with Indians concerning hunting and fishing -- Indian treaty of 1855
Status: in_force

87-1-228 . Agreement with Indians concerning hunting and fishing -- Indian treaty of 1855. (1) Whereas, by treaty of July 16, 1855, between the United States of America and the confederated tribes of the Flathead, Kootenai, and Upper Pend Oreille Indians, the tribes have certain rights to fish and hunt; and whereas, it appears to be to the common advantage of the state and Indian tribes to cooperate in matters involving hunting and fishing. Therefore, the department may negotiate and conclude an agreement with the council of the Confederated Salish and Kootenai tribes of the Flathead Indian reservation for the purpose of:

(a) authorizing individuals to serve on a state-tribal cooperative board to develop hunting and fishing regulations and reimbursing those individuals' expenses pursuant to 2-18-501 through 2-18-503 ;

(b) doing what in its judgment is necessary by way of granting to tribal Indians state permits to hunt and fish off reservation on open and unclaimed lands, to be issued without charge to the Indians, or allowing Indians to hunt without licenses, permits, or stamps;

(c) issuing jointly with the council hunting and fishing licenses, permits, and stamps under terms established by mutual agreement and recognized as valid for hunting and fishing throughout the state. These joint licensing and permit requirements supersede the general licensing and permit requirements set forth in this title.

(d) authorizing all revenue collected from sale of joint licenses, permits, and stamps to be remitted to the council for the purpose of a fish and wildlife program;

(e) transferring to the council an amount equal to all fines and restitution collected in state court for fish and wildlife violations within reservation boundaries for use in a fish and wildlife program;

(f) policing Indian and other lands for the protection of fish and game and providing responsibility for redress of fish and game violations to state or tribal courts; and

(g) in general carrying out the purposes of this section.

(2) Any agreement entered into under subsection (1) must also satisfy the requirements of Title 18, chapter 11.

(3) Any tribal court judgment for a fish and game violation arising out of an agreement under this section is entitled to full faith and credit in the courts of Montana.

(4) Prior to concluding any agreement under this section, the department shall hold public meetings, after proper public notice of the meetings has been given and the proposed agreement has been made available for public review, to afford an opportunity to comment on the contents of the agreement.
Mont. Code Ann. § 87-4-506 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-506
87-4-506 Revocation of license or permit and reissuance
Status: in_force

87-4-506 . Revocation of license or permit and reissuance. The department may revoke any shooting preserve license or permit issued under the authority of this part when the licensee has violated any of the provisions of this part or any rule or regulation of the department. After such revocation, a new license or permit may be issued if in the discretion of the department the circumstances so warrant.
Mont. Code Ann. § 87-1-625 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-625
87-1-625 Funding for wolf management
Status: in_force

87-1-625 . Funding for wolf management. (1) The department shall allocate $500,000 annually for wolf management.

(2) For the purposes of this section, the term "management" has the same meaning provided in 87-5-102 and includes:

(a) wolf collaring conducted pursuant to 87-5-132 ; and

(b) lethal action conducted pursuant to 87-1-217 to take problem wolves that attack livestock.

(3) Not more than 25% of the total funding allocated under this section may be used for administrative costs.

(4) Pursuant to 87-1-201 , the department may allocate funds from any source to meet the requirements of this section.

(5) The department may contract with the United States department of agriculture wildlife services and county governments for the purposes of this section.
Mont. Code Ann. § 87-1-710 — MT Code / Title 87 / Chapter 1 / Part 7 / Section 87-1-710
87-1-710 Use of hunters' license fees for department purposes only
Status: in_force

87-1-710 . Use of hunters' license fees for department purposes only. In accordance with the other requirement of said act of congress, it shall be the law of this state, so long as this assent shall be unrepealed, that no license fees paid by hunters in the state of Montana shall be used or taken for any other purpose than the administration and use of the department.
Mont. Code Ann. § 87-3-225 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-225
87-3-225 Inspection, quarantine, and disinfection of fish hatcheries and culture facilities
Status: in_force

87-3-225 . Inspection, quarantine, and disinfection of fish hatcheries and culture facilities. (1) The department may conduct inspections for the presence of fish pathogens at any fish hatchery or culture facility. Inspections may be conducted at the request of the hatchery or facility or by order of the department. The expense of inspection must be paid by the hatchery or facility requesting the inspection or by the department when the inspection is ordered by the department.

(2) When a fish hatchery or culture facility is found to be contaminated or to contain fish or eggs infected with specified fish pathogens, the department may order appropriate action, including quarantine, destruction of infected fish or eggs, or disinfection of all or part of the hatchery or facility. An order for destruction of infected fish or eggs may not be issued unless the infection is confirmed by two laboratories. The owner of the hatchery or facility is liable for all costs and expenses associated with the cleanup and the disposition of infected fish or eggs. When destruction of eggs is ordered at a private facility and the department has surplus eggs available, the department may replace the destroyed eggs without charge to the private facility.
Mont. Code Ann. § 87-5-111 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-111
87-5-111 Enforcement and penalty
Status: in_force

87-5-111 . Enforcement and penalty. (1) Any person who violates the provisions of this part or whoever fails to procure or violates the terms of any permit issued thereunder shall be guilty of a misdemeanor.

(2) Upon a first conviction for a violation under this part, the court may fine the defendant not to exceed $250. Upon a second such conviction, the defendant may be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 30 days, or both. Upon subsequent such convictions, the defendant shall be fined not less than $500 or more than $1,000 and in addition may be imprisoned in the county jail for any term not to exceed 6 months.

(3) Any officer employed and authorized by the director or any peace officer of the state or of any municipality or county within the state shall have authority to enforce the provisions of this part.

(4) Wildlife seized under the provisions of this part shall be held by an officer or agent of the department pending disposition of court proceedings and thereafter be forfeited to the state for disposition as the director may deem appropriate. Prior to forfeiture, the director may direct the transfer of wildlife so seized to a qualified zoological, educational, or scientific institution for safekeeping. The department is authorized to issue regulations to implement this subsection.
Mont. Code Ann. § 87-2-506 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-506
87-2-506 Restrictions on hunting licenses
Status: in_force

87-2-506 . Restrictions on hunting licenses. (1) The department may prescribe by rule the number of hunting licenses to be issued. Any license sold may be restricted to a specific administrative region, hunting district, or other designated area and may specify the species, age, and sex to be taken and the time period for which the license is valid.

(2) When the number of valid resident applications for big game licenses or permits of a single class or type exceeds the number of licenses or permits the department desires to issue in an administrative region, hunting district, or other designated area, then the number of big game licenses or permits issued to nonresident license or permitholders in the region, district, or area may not exceed 10% of the total issued.

(3) Disabled veterans who meet the qualifying criteria provided in 87-2-817 (1) must be provided a total of 50 Class A-3 deer A tags, 50 Class A-4 deer B tags, 50 Class B-7 deer A tags, 50 Class B-8 deer B tags, and 50 special antelope licenses annually, which may be used within the administrative region, hunting district, or other designated area of the disabled veteran's choice, except in a region, district, or area where the number of licenses are less than the number of applicants, in which case qualifying disabled veterans are eligible for no more than 10% of the total licenses for that region, district, or area.
Mont. Code Ann. § 87-6-920 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-920
87-6-920 Forfeiture of license or permit for littering
Status: in_force

87-6-920 . Forfeiture of license or permit for littering. A holder of a Montana resident or nonresident fishing or hunting license or camping permit convicted of littering campgrounds, public or private lands, streams, or lakes while hunting, fishing, or camping shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, camp, or trap in this state for a period of 1 year from the date of conviction.
Mont. Code Ann. § 87-3-303 — MT Code / Title 87 / Chapter 3 / Part 3 / Section 87-3-303
87-3-303 Policy toward nonresident big game hunters
Status: in_force

87-3-303 . Policy toward nonresident big game hunters. It is the policy of this state to protect and preserve game animals primarily for the citizens of this state while welcoming nonresidents licensed to hunt in Montana to enjoy the state's public wildlife resources and acknowledging nonresidents' financial contribution to Montana's wildlife management and tourism industry.
Mont. Code Ann. § 87-4-1013 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1013
87-4-1013 Revocation of license
Status: in_force

87-4-1013 . Revocation of license. (1) A fur farm license may be revoked for failure to operate the fur farm according to the provisions of this part or rules adopted under this part.

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

(3) Upon failure of the licensee to correct the violation, the department may institute revocation proceedings. If the department institutes revocation proceedings, it shall provide reasonable notice and opportunity for a hearing to the licensee. After hearing, upon proof of violation, the department may revoke the fur farm license.
Mont. Code Ann. § 87-1-623 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-623
87-1-623 Wolf management account
Status: in_force

87-1-623 . Wolf management account. (1) There is a wolf management account in the state special revenue fund established in 17-2-102 . Fees collected from the sale of Class E-1 and Class E-2 wolf licenses and interest earned on the account must be deposited into the account. Subject to appropriation by the legislature, money deposited in the account must be used exclusively for the management of wolves as specified in subsection (2).

(2) Money deposited in accordance with subsection (1) must be equally divided and allocated for the following purposes:

(a) wolf-collaring activities conducted pursuant to 87-5-132 ; and

(b) lethal action conducted pursuant to 87-1-217 to take problem wolves that attack livestock.

(3) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.
Mont. Code Ann. § 87-6-204 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-204
87-6-204 Hunting or fishing during closed season
Status: in_force

87-6-204 . Hunting or fishing during closed season. (1) A person may not hunt or attempt to hunt:

(a) any game animal or game bird or fish for or catch any fish during the closed season on any species of game animal, game bird, or fish; or

(b) an upland game bird until the commission provides an open season on that upland game bird. The open season on mourning doves is restricted to the open season on upland game birds.

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

(3) A person convicted of hunting during a closed season may be subject to the additional penalties provided in 87-6-901 and 87-6-902 .
Mont. Code Ann. § 87-6-922 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-922
87-6-922 Notification of loss of privileges -- reinstatement and revocation
Status: in_force

87-6-922 . Notification of loss of privileges -- reinstatement and revocation. (1) If the court imposes forfeiture of the person's license and privilege to hunt, fish, or trap or to use state lands, the department shall notify the person of the loss of privileges as imposed by the court. The person shall surrender all licenses, as ordered by the court, to the department within 10 days.

(2) After a forfeiture period imposed pursuant to this chapter and upon receipt of notification from the court that the defendant has appeared and all terms of the court sentence, including making payment of any fine, costs, or restitution, have been met or that the defendant is in compliance with installment payments specified by the court, the department shall reinstate the privileges unless the person is not otherwise entitled to reinstatement. After the privileges are reinstated, the department may revoke the privileges if it is notified by the clerk of court that the person is in default on any installment payment.
Mont. Code Ann. § 87-5-901 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-901
87-5-901 Short title
Status: in_force

87-5-901 . Short title. This part may be cited as the "Montana Greater Sage-Grouse Stewardship Act".
Mont. Code Ann. § 87-4-913 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-913
87-4-913 Rulemaking
Status: in_force

87-4-913 . Rulemaking. The department may adopt and enforce only such rules as are necessary to implement the provisions of this part. The rules may address but are not limited to fencing requirements, reporting requirements, the care and maintenance of birds held by game bird farm operators, and licensing requirements for applicants.
Mont. Code Ann. § 87-2-705 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-705
87-2-705 Drawing for special elk permits
Status: in_force

87-2-705 . (Temporary) Drawing for special elk permits. (1) In the event the number of valid applications for special elk permits for a hunting district exceeds the quota set by the department for the district, these permits shall be awarded by a drawing. The department shall provide for those persons making valid application for special elk permits a method of selecting first, second, and third choice hunting districts for any drawing held pursuant to this section.

(2) Subject to the limitation of subsection (4), a person who owns 640 acres or more of contiguous land, at least some of which is used by elk as documented by the department, in a hunting district where elk permits are awarded under this section shall be issued, upon application, a permit to hunt elk in the hunting district under the terms and conditions of the permit.

(3) An applicant who receives a permit under subsection (2) may designate that the permit be issued to an immediate family member or an employee of the landowner who works full time and year-round as part of the active farm or ranch operation. A corporation owning qualifying land under subsection (2) may designate one of its shareholders to receive the permit.

(4) Fifteen percent of the special elk permits available each year under this section in a hunting district must be available to landowners under subsection (2).

(5) The department may promulgate the rules necessary to implement this section.
Mont. Code Ann. § 87-2-516 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-516
87-2-516 Drawing for Class A-9 and Class B-12 antlerless elk B tag licenses -- landowner preference
Status: in_force

87-2-516 . (Temporary) Drawing for Class A-9 and Class B-12 antlerless elk B tag licenses -- landowner preference. (1) In the event the number of valid applications for Class A-9 resident antlerless elk B tag licenses or Class B-12 nonresident antlerless elk B tag licenses for a hunting district exceeds the quota set by the department for the district, the department shall award the permits by a drawing.

(2) Subject to the limitations of subsection (4), in a hunting district where Class A-9 and Class B-12 licenses are issued, a corresponding Class A-9 or B-12 license must be issued, on application, to persons who:

(a) own 640 acres or more of contiguous land, at least some of which is used by elk as documented by the department; or

(b) own 160 acres or more of contiguous production agricultural land on which the department documented elk game damage within the last 2 years.

(3) A landowner who is eligible to receive a Class A-9 or Class B-12 license under subsection (2) may designate an immediate family member or an employee of the landowner to apply for the license. A corporation owning qualifying land under subsection (2) may designate one of its shareholders to apply for the Class A-9 or Class B-12 license.

(4) Subject to the management provisions provided in 87-1-321 through 87-1-325 , 15% of the Class A-9 and Class B-12 licenses available each year in a hunting district must be available to landowners pursuant to subsection (2).

(5) For the purposes of this section, "employee" means a person who is paid by a landowner to do work and who has state or federal taxes withheld from the payment for the work provided.
Mont. Code Ann. § 87-6-313 — MT Code / Title 87 / Chapter 6 / Part 3 / Section 87-6-313
87-6-313 Offense of noncompliance in participating state
Status: in_force

87-6-313 . Offense of noncompliance in participating state. A person who hunts, fishes, or traps, who applies for or purchases licenses or permits, or who refuses to surrender any current hunting, fishing, or trapping license in violation of 87-1-804 shall be fined not less than $500 or more than $2,000 or be imprisoned in the county jail for not more than 60 days, or both.
Mont. Code Ann. § 87-2-411 — MT Code / Title 87 / Chapter 2 / Part 4 / Section 87-2-411
87-2-411 Migratory game bird licenses -- fees -- disposition of proceeds
Status: in_force

87-2-411 . (Temporary) Migratory game bird licenses -- fees -- disposition of proceeds. (1) The fee for a resident to purchase the migratory game bird license is $5.50. The fee for a nonresident to purchase the migratory game bird license is $150.

(2) Money received from the sale of migratory game bird licenses must be deposited in an account in the state special revenue fund for the use of the department and may be expended only for the protection, conservation, and development of wetlands in Montana.
Mont. Code Ann. § 87-4-1012 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1012
87-4-1012 Rulemaking
Status: in_force

87-4-1012 . Rulemaking. The department may adopt and enforce only such rules as are necessary to implement this part. The rules may address but are not limited to fencing requirements, reporting requirements, the care and maintenance of the furbearers held by fur farm operators, and licensing requirements for applicants.
Mont. Code Ann. § 87-5-302 — MT Code / Title 87 / Chapter 5 / Part 3 / Section 87-5-302
87-5-302 Commission regulations on grizzly bears
Status: in_force

87-5-302 . Commission regulations on grizzly bears. (1) The commission may:

(a) pursuant to subsection (2), regulate the hunting of grizzly bears, including the establishment of tagging requirements for carcasses, skulls, and hides; and

(b) establish requirements for the transportation, exportation, and importation of grizzly bears.

(2) When special grizzly bear licenses are to be issued pursuant to 87-2-701 , the commission shall establish hunting season quotas for grizzly bears that will prevent the population of grizzly bears from decreasing below sustainable levels and with the intent to meet population objectives for elk, deer, and antelope. The provisions of this subsection do not affect the restriction provided in 87-2-702 (3) that limits a person to the taking of only one grizzly bear in Montana.
Mont. Code Ann. § 87-5-704 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-704
87-5-704 Rulemaking
Status: reserved

87-5-704 . (Temporary) Rulemaking. (1) The commission may adopt rules to implement 87-5-701 , 87-5-702 , and 87-5-711 through 87-5-715 . In implementing 87-5-713 , the commission may adopt rules approving species of wildlife that may be introduced by the department. In implementing 87-5-715 , the commission may adopt rules to authorize the control or extermination by the department of introduced wildlife species.

(2) The department may adopt rules to implement 87-5-713 and 87-5-715 . In implementing 87-5-713 and 87-5-715 , the department may not adopt rules in the subject areas reserved to the commission in subsection (1).

(3) (a) The commission may adopt rules to implement 87-5-705 through 87-5-709 and 87-5-712 regarding the importation, possession, and sale of exotic wildlife, including adoption of a list of controlled exotic wildlife and a list of prohibited exotic wildlife. The commission may by rule add to the list of noncontrolled exotic wildlife provided in 87-5-706 . The department of livestock may not issue import permits for exotic wildlife on a list of controlled exotic wildlife or prohibited exotic wildlife without authorization from the department.

(b) The commission may adopt rules regarding the operation of the classification review committee established in 87-5-708 .

(4) The department may adopt rules regarding issuance of the authorization permit provided for in 87-5-705 (2), including the establishment of a reasonable fee for the permit.
Mont. Code Ann. § 87-1-272 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-272
87-1-272 Future fisheries improvement program -- funding priority -- reports required
Status: in_force

87-1-272 . Future fisheries improvement program -- funding priority -- reports required. (1) In order to enhance future fisheries through natural reproduction, the department shall establish and implement a statewide voluntary program that promotes fishery habitats and spawning areas for the rivers, streams, and lakes of Montana's fisheries.

(2) When projects are suggested by the future fisheries review panel, the department shall, through a public hearing process and with the approval of the commission, prioritize projects that have been recommended by the review panel to be funded. Emphasis must be given to projects that enhance the historic habitat of native fish species. The department shall fund and implement the program regarding the long-term enhancement of streams and streambanks, instream flows, water leasing, lease or purchase of stored water, and other voluntary programs that deal with wild fish and aquatic habitats. A project conducted under the future fisheries improvement program may not restrict or interfere with the exercise of any water rights or property rights of the owners of streambeds and property adjacent to streambeds, streambanks, and lakes. The fact that a program project has been completed on private property does not create any right of public access to the private property unless that right is granted voluntarily by the property owner.

(3) The department shall work in cooperation with private landowners, conservation districts, irrigation districts, local officials, anglers, and other citizens to implement the future fisheries improvement program. Any department employee who is employed under this section to facilitate contact with landowners must have experience in commercial or irrigated agriculture. The department shall encourage the use of volunteer labor and grants, matching grants, and private donations to accomplish program purposes. The department may use contracted services:

(a) for negotiations with landowners, local officials, citizens, and others;

(b) for coordination with other agencies that may be involved in projects conducted under this section; and

(c) to perform and supervise project work.

(4) Funds expended under this section may be used only for projects for the protection of the fisheries resource that have been identified by the review panel established in 87-1-273 and approved by the commission and may not be used for the acquisition of any interest in land.

(5) (a) The department shall report to the commission on the progress of the future fisheries improvement program every 12 months and post a copy of the report on a state digital access system to ensure public access to the report.

(b) The department shall also present a detailed report to the legislature in accordance with 5-11-210 on the progress of the future fisheries improvement program. The legislative report must include the department's program activities and expenses since the last report and the project schedules and anticipated expenses for the ensuing 10 years' implementation of the future fisheries improvement program.

(c) In order to implement 87-1-273 and this section, the department may expend revenue from the future fisheries improvement program for up to two additional full-time employees.
Mont. Code Ann. § 87-4-411 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-411
87-4-411 License renewal fees -- deposit of fees
Status: in_force

87-4-411 . License renewal fees -- deposit of fees. (1) The department shall charge an annual renewal alternative livestock ranch license fee based on the following scale:

(a) an alternative livestock ranch with 1 to 20 alternative livestock, a fee of $100;

(b) an alternative livestock ranch with 21 to 60 alternative livestock, a fee of $200; and

(c) an alternative livestock ranch with more than 60 alternative livestock, a fee of $400.

(2) The department of livestock shall assess a fee, not to exceed $50, for each alternative livestock imported into the state.

(3) (a) One-half of the fees collected pursuant to subsection (1) must be deposited in the state special revenue fund for the use of the department for purposes of this part.

(b) One-half of the fees collected pursuant to subsection (1) and all import fees collected pursuant to subsection (2) must be deposited in the state special revenue fund for the use of the department of livestock for purposes of this part.
Mont. Code Ann. § 87-1-606 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-606
87-1-606 Fee limitation for multiple licenses
Status: in_force

87-1-606 . Fee limitation for multiple licenses. If a person is issued more than one license under part 4, 9, or 10 of chapter 4 of this title, the total assessment for initial fees or for renewal fees for all licenses issued to such person may not exceed the amount of the largest individual license fee.
Mont. Code Ann. § 87-5-714 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-714
87-5-714 Wildlife species authorized for introduction or transplantation
Status: in_force

87-5-714 . Wildlife species authorized for introduction or transplantation. (1) The following wildlife species may be introduced or transplanted by the department based upon scientific investigation and upon approval of the commission:

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

(b) chukar partridge (Alectoris chukar);

(c) ring-necked pheasant (Phasianus colchicus);

(d) turkey (Meleagris gallopavo);

(e) rainbow trout (Salmo gairdneri);

(f) golden trout (Salmo aquabonita);

(g) brown trout (Salmo trutta);

(h) brook trout (Salvelinus fontinalis);

(i) lake trout (Salvelinus namaycush);

(j) northern pike (Esox lucius);

(k) black bullhead (Ictalurus melas);

(l) yellow bullhead (Ictalurus natalis);

(m) largemouth bass (Micropterus salmoides);

(n) smallmouth bass (Micropterus dolomieui);

(o) pumpkinseed sunfish (Lepomis gibbosus);

(p) bluegill (Lepomis macrochirus);

(q) green sunfish (Lepomis cyanellus);

(r) rock bass (Ambloplites rupestris);

(s) black crappie (Pomoxis nigromaculatus);

(t) white crappie (Pomoxis annularis);

(u) yellow perch (Perca flavescens);

(v) walleye (Sander vitreus);

(w) cisco (tulibee) (Coregonus artedii);

(x) spottail shiner (Notropis hudsonius);

(y) kokanee salmon (Oncorhynchus nerka);

(z) chinook salmon (Oncorhynchus tshawytscha);

(aa) lake whitefish (Coregonus clupeaformis);

(bb) golden shiner (Notemigonus crysoleucas).

(2) The commission may by rule and subject to the provisions of 87-5-711 authorize the department to transplant or introduce species of wildlife not listed in subsection (1).
Mont. Code Ann. § 87-4-1010 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1010
87-4-1010 Sale of furs
Status: in_force

87-4-1010 . Sale of furs. A fur farm owner who desires to sell furs shall comply with all the requirements of part 3 of this chapter.
Mont. Code Ann. § 87-5-202 — MT Code / Title 87 / Chapter 5 / Part 2 / Section 87-5-202
87-5-202 Definition of raptors
Status: in_force

87-5-202 . Definition of raptors. "Raptors", when used in this part, means all birds of the orders falconiformes and strigiformes, commonly called falcons, hawks, eagles, ospreys, and owls.
Mont. Code Ann. § 87-3-601 — MT Code / Title 87 / Chapter 3 / Part 6 / Section 87-3-601
87-3-601 Definitions
Status: in_force

87-3-601 . Definitions. As used in this part, the following definitions apply:

(1) "Bird hunting dog" means a dog trained or being trained to point, flush, or retrieve game birds.

(2) "Field trial" means an organized event affiliated with a national organization to examine, evaluate, or test the ability of bird hunting dogs to point, flush, or retrieve game birds.

(3) "Game bird" means a bird defined as an upland game bird or migratory game bird in 87-2-101 .
Mont. Code Ann. § 87-5-807 — MT Code / Title 87 / Chapter 5 / Part 8 / Section 87-5-807
87-5-807 Reporting -- evaluations
Status: in_force

87-5-807 . Reporting -- evaluations. (1) A project sponsor shall:

(a) monitor and document the timelines, progress, and results of the project;

(b) evaluate the overall effectiveness of the project; and

(c) provide project and fiscal reports as required by contract.

(2) The department shall:

(a) conduct field evaluations of projects;

(b) require a project sponsor to initiate corrective action if an evaluation finds inadequacies in the project's progress or fiscal reporting; and

(c) on or before September 1 of each year preceding the convening of a regular session of the legislature, provide a report to the environmental quality council in accordance with 5-11-210 . The report must include:

(i) an overview of the program;

(ii) a listing of projects funded during the reporting period;

(iii) an analysis of how projects funded are improving wildlife habitat; and

(iv) a summary of past and current funding.
Mont. Code Ann. § 87-5-207 — MT Code / Title 87 / Chapter 5 / Part 2 / Section 87-5-207
87-5-207 Restrictions on use of raptors
Status: in_force

87-5-207 . Restrictions on use of raptors. (1) Raptors may not be used to intentionally flush or harass big game.

(2) Raptors may not be loosed intentionally at protected mammals and birds. Game bird limits and all seasons and other rules relating to game birds must be obeyed.
Mont. Code Ann. § 87-2-508 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-508
87-2-508 Class D-2--resident mountain lion license
Status: in_force

87-2-508 . Class D-2--resident mountain lion license. Except as otherwise provided in this chapter, 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 may, upon payment of a fee of $19, receive a Class D-2 license that entitles a holder who is 12 years of age or older to hunt mountain lion and possess the carcass of the mountain lion as authorized by department rules.
Mont. Code Ann. § 87-2-903 — MT Code / Title 87 / Chapter 2 / Part 9 / Section 87-2-903
87-2-903 Compensation, fees, and duties of agents -- penalty for late submission of license money
Status: in_force

87-2-903 . Compensation, fees, and duties of agents -- penalty for late submission of license money. (1) License agents, except salaried employees of the department, must receive for all services rendered a commission of 50 cents for each transaction, plus any additional amount as determined under subsection (9) and by rules adopted pursuant to subsection (10).

(2) A license agent may charge a convenience fee of up to 3% of the total amount of a transaction if a purchase is made with a credit card or a debit card. A financial institution or credit card company may not prohibit collection of the convenience fee provided for in this subsection.

(3) Each license agent shall submit to the department the money received from the sale of licenses and aquatic invasive species prevention passes and from donations received pursuant to [ 76-17-102 ,] 81-7-123 , 87-1-293 , and 87-1-298 less the appropriate commission and convenience fee.

(4) Each license agent shall submit to the department copies of each paper license sold.

(5) The department may charge license agents appointed after March 1, 1998, an electronic license system fee not to exceed actual costs.

(6) The department may designate classes of license agents and may establish a protocol for each class of agent. Each license agent shall keep the license account open at all reasonable hours to inspection by the department, the director, the wardens, or the legislative auditor.

(7) For purposes of this section, the term "transaction" includes the sale of any license or permit, collection of any data or fee, or issuance of any certificate prescribed by the department. The term does not include donations collected pursuant to [ 76-17-102 ,] 81-7-123 , 87-1-293 , and 87-1-298 or the sale of aquatic invasive species prevention passes pursuant to 23-2-541 or 87-2-130 .

(8) If a license agent fails to submit to the department all money received from the declared sale of licenses and aquatic invasive species prevention passes and from donations received pursuant to [ 76-17-102 ,] 81-7-123 , 87-1-293 , and 87-1-298 less the appropriate commission and convenience fee by the deadline established by the department, an interest charge equal to the rate charged under 15-1-216 may be assessed. Acceptance of late payments with interest does not preclude the department from summarily revoking the appointment of a license agent under 87-2-904 .

(9) A license agent, except for an electronic service provider, must receive a commission of 50 cents for each ticket the agent processes for a hunting license lottery held pursuant to 87-1-271 .

(10) The department may adopt rules necessary to implement this section. (Bracketed language terminates June 30, 2027--sec. 10, Ch. 374, L. 2017.)
Mont. Code Ann. § 87-1-503 — MT Code / Title 87 / Chapter 1 / Part 5 / Section 87-1-503
87-1-503 Ex officio wardens
Status: in_force

87-1-503 . Ex officio wardens. (1) The following are ex officio wardens:

(a) all sheriffs and their deputies;

(b) all constables;

(c) all peace officers of the state or any subdivision of the state;

(d) the executive director and investigators of the board of outfitters;

(e) all state forest officers;

(f) as authorized by cooperative agreement, any officers of the United States forest service, agents of the United States fish and wildlife service, and peace officers of the bureau of land management, national park service, and corps of engineers that are assigned to duty in this state;

(g) as authorized by cooperative agreement, tribal fish and game wardens;

(h) former fish and game wardens; and

(i) field personnel of the department as may be appointed by the director.

(2) Ex officio wardens serve without pay, except that the department may, in its discretion, allow travel expenses as provided for in 2-18-501 through 2-18-503 . If allowed, travel expenses must be paid upon proper vouchers from the state fish and game funds.

(3) Ex officio wardens have the same powers with reference to the enforcement of the fish and game laws of this state and the laws relating to parks and outdoor recreation contained in Title 23, chapters 1 and 2, except chapter 2, part 7, as regularly appointed wardens, and it is their duty to assist, whenever possible, in the enforcement of those laws.
Mont. Code Ann. § 87-1-514 — MT Code / Title 87 / Chapter 1 / Part 5 / Section 87-1-514
87-1-514 Record of confiscated property
Status: in_force

87-1-514 . Record of confiscated property. The director and wardens shall keep a complete record of all property confiscated because of a violation of the game and fish laws, showing in detail a description of the property, the person from whom it was confiscated, the price received for it upon public sale, and the disposition of the money.
Mont. Code Ann. § 87-2-732 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-732
87-2-732 Allocation of wild buffalo licenses to tribes for traditional purposes
Status: in_force

87-2-732 . Allocation of wild buffalo licenses to tribes for traditional purposes. (1) If the commission authorizes the issuance of 40 or more special wild buffalo licenses in any license year, the department shall also issue special licenses to two members of each tribe designated in subsection (3) to hunt wild buffalo during the regular season for wild buffalo in accordance with this section and department rules and regulations. The licenses must be issued free of charge.

(2) Wild buffalo taken with special licenses issued pursuant to this section must be harvested by tribal members for traditional purposes in accordance with the traditional ceremonies of each tribe. All parts of wild buffalo taken pursuant to this section may be possessed and used by each designated tribe in the manner that the tribe sees fit. The tribes must be informed of and abide by any rules adopted pursuant to 87-2-730 (3)(c) through (3)(i), except that fair chase hunting by tribal members may include hunting conducted on horseback.

(3) Each of the following tribal governments in Montana may designate two tribal members to receive department-issued special licenses for use in accordance with this section:

(a) Assiniboine and Sioux tribes of the Fort Peck reservation;

(b) Blackfeet tribe;

(c) Chippewa Cree Indians of the Rocky Boy's reservation;

(d) Confederated Salish and Kootenai tribes;

(e) Fort Belknap Indian community of the Fort Belknap reservation;

(f) Northern Cheyenne tribe; and

(g) Little Shell Chippewa tribe.

(4) As used in this section, "traditional purposes" means the harvesting of buffalo by Plains Indians through utilitarian and spiritual practices handed down from generation to generation to obtain food, shelter, and clothing and to conduct ceremonies and celebrations.
Mont. Code Ann. § 87-2-811 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-811
87-2-811 Auction or lottery of mule deer license
Status: in_force

87-2-811 . Auction or lottery of mule deer license. (1) The commission may issue one male mule deer 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 mule deer 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 mule deer. The proceeds from the auction or lottery must be used in addition to any other funds that the department uses for the management of mule deer.
Mont. Code Ann. § 87-6-413 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-413
87-6-413 Hunting or killing over limit
Status: in_force

87-6-413 . Hunting or killing over limit. (1) A person may not attempt to kill, take, shoot, or capture or kill, take, hunt, shoot, or capture more than one game animal of any one species in any 1 license year unless the killing of more than one game animal of that species has been authorized by regulations of the department.

(2) If a person is convicted or forfeits bond or bail after being charged with hunting or killing over the limit of:

(a) mountain sheep, moose, wild buffalo, caribou, mountain goat, black bear, or grizzly bear, the person shall be fined not less than $500 or more than $2,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 30 months from the date of conviction or forfeiture unless the court imposes a longer period.

(b) deer, antelope, elk, or mountain lion, 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.

(c) fur-bearing animal, the person shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, 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.

(3) A person convicted of unlawful taking of more than double the legal bag limit as described in this section may be subject to the additional penalties provided in 87-6-901 and 87-6-902 .

(4) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907 .
Mont. Code Ann. § 87-4-906 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-906
87-4-906 Term of license -- renewal conditions -- changes in operation
Status: in_force

87-4-906 . Term of license -- renewal conditions -- changes in operation. (1) A game bird farm license expires on February 28 of the 5th year following issuance. The department shall renew the license on payment of the license fee if the licensee has not violated any provision under which the license was granted and has submitted the reports required by 87-4-912 on forms provided by the department.

(2) The licensee shall notify the department of any proposed changes in the species managed or in the size or location of the enclosure prior to the institution of such change.
Mont. Code Ann. § 87-2-514 — MT Code / Title 87 / Chapter 2 / Part 5 / Section 87-2-514
87-2-514 Nonresident relative of resident allowed to purchase nonresident licenses at reduced cost -- definitions
Status: in_force

87-2-514 . Nonresident relative of resident allowed to purchase nonresident licenses at reduced cost -- definitions. (1) For the purposes of this section, the following definitions apply:

(a) "Nonresident relative of a resident" means a person born in Montana who is the natural or adoptive child, sibling, or parent of a resident but is not a resident.

(b) "Resident" means a resident as defined in 87-2-102 .

(2) Except as otherwise provided in this chapter, a nonresident relative of a resident who meets the qualifications of subsection (4) may purchase the following at one-half the cost:

(a) a Class B nonresident fishing license;

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

(c) one of the following:

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

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

(iii) a nonresident elk-only combination license;

(d) if available:

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

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

(3) Class B-10 and Class B-11 licenses sold pursuant to subsection (2) 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 sold pursuant to subsection (2) are in addition to nonresident elk-only combination licenses available for sale pursuant to 87-2-511 .

(4) To qualify for a license pursuant to subsection (2), a nonresident relative of a resident shall apply at any department regional office or at the department's state office in Helena and present proof of the following:

(a) a birth certificate verifying the applicant's birth in Montana or documentation that the applicant was born to parents who were residents at the time of birth;

(b) evidence that the person previously held a Montana resident hunting or fishing license or has passed a hunter safety and education course in Montana pursuant to 87-2-105 ; and

(c) proof that the applicant is a nonresident relative of a resident.

(5) Of the fee paid for a hunting license purchased pursuant to subsection (2), 28.5% must be deposited in the account established in 87-1-290 .
Mont. Code Ann. § 87-1-401 — MT Code / Title 87 / Chapter 1 / Part 4 / Section 87-1-401
87-1-401 Director to carry out policies
Status: in_force

87-1-401 . Director to carry out policies. The director shall carry out the policies of the commission and the board and shall adopt rules authorized by law to implement those policies.
Mont. Code Ann. § 87-6-406 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-406
87-6-406 Failure to retain evidence of sex
Status: in_force

87-6-406 . Failure to retain evidence of sex. (1) (a) Except as provided in subsection (1)(b) and subject to the provisions of subsection (2), a person who kills a game animal in this state shall retain evidence of the sex of the animal with the carcass until it is processed.

(b) The provisions of subsection (1)(a) do not apply to a game animal harvested using a license with which either sex of the animal may be taken.

(2) A person who kills a game animal in a hunting district where the harvest is limited by the animal's antler point or horn size shall retain the antlers or horns until the carcass is processed.

(3) For game birds, game fish, and furbearers, evidence of sex and species taken must be retained as prescribed by the commission or department.

(4) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.
Mont. Code Ann. § 87-6-222 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-222
87-6-222 Fish and wildlife location data -- penalties
Status: in_force

87-6-222 . Fish and wildlife location data -- penalties. (1) Unless specifically authorized by the department, a person who obtains exact coordinate location data from the department may not use the data or transfer the data to another person to use in a way that harms, harasses, or kills fish or wildlife. A person who uses, transfers, or receives exact coordinate location data in 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.

(2) Upon conviction or forfeiture of bond or bail, 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.

(3) A person convicted under this section may be subject to the additional penalties provided in 87-6-901 through 87-6-903 .

(4) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907 .
Mont. Code Ann. § 87-6-103 — MT Code / Title 87 / Chapter 6 / Part 1 / Section 87-6-103
87-6-103 Fish and game violation as inchoate offense
Status: in_force

87-6-103 . Fish and game violation as inchoate offense. Any violation of this title is an offense for purposes of the crimes of attempt, solicitation, and conspiracy set out in Title 45, chapter 4.
Mont. Code Ann. § 87-4-1004 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1004
87-4-1004 License and renewal fee -- deposit
Status: in_force

87-4-1004 . (Temporary) License and renewal fee -- deposit. (1) Fur farm license and annual renewal fees must be set by department rule.

(2) The fees must be deposited in the state special revenue fund for the use of the department for purposes of this part.
Mont. Code Ann. § 87-1-323 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-323
87-1-323 Viable elk, deer, and antelope populations based on habitat acreage -- reduction of populations as necessary
Status: in_force

87-1-323 . Viable elk, deer, and antelope populations based on habitat acreage -- reduction of populations as necessary. (1) Based on the habitat acreage that is determined pursuant to 87-1-322 , the commission shall determine the appropriate elk, deer, and antelope numbers that can be viably sustained. The department shall consider the specific concerns of private landowners when determining sustainable numbers pursuant to this section.

(2) Once the sustainable population numbers are determined as provided in subsection (1), the department shall implement, through existing wildlife management programs, necessary actions with the objective that the population of elk, deer, and antelope remains at or below the sustainable population. The programs may include but are not limited to:

(a) liberalized harvests;

(b) game damage hunts;

(c) landowner permits; or

(d) animal relocation.

(3) The department shall:

(a) manage with the objective that populations of elk, deer, and antelope are at or below the sustainable population number by January 1, 2009; and

(b) evaluate the elk, deer, and antelope populations on an annual basis and provide that information to the public.
Mont. Code Ann. § 87-6-716 — MT Code / Title 87 / Chapter 6 / Part 7 / Section 87-6-716
87-6-716 Owning, controlling, or propagating game birds without license
Status: in_force

87-6-716 . Owning, controlling, or propagating game birds without license. A person who owns, controls, or propagates game birds in violation of Title 87, chapter 4, part 9, 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. § 87-6-908 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-908
87-6-908 Payment -- penalty for nonpayment of restitution
Status: in_force

87-6-908 . Payment -- penalty for nonpayment of restitution. (1) In each case of conviction, the court before which the conviction is obtained shall order payment of the sum stated in 87-6-906 or 87-6-907 .

(2) Failure to make payment in the time and manner prescribed by the court constitutes civil contempt of court and is punishable as provided in Title 3, chapter 1, part 5.
Mont. Code Ann. § 87-4-1005 — MT Code / Title 87 / Chapter 4 / Part 10 / Section 87-4-1005
87-4-1005 Term of license -- conditions -- changes in operation
Status: in_force

87-4-1005 . Term of license -- conditions -- changes in operation. (1) A fur farm license is valid only for the license year in which it is issued. The licensee shall apply for renewal annually, and the department shall renew the license if the licensee has not violated any provision under which it was granted.

(2) The licensee shall notify the department of any proposed changes in the species managed or in the size or location of the enclosure prior to the institution of such change.
Mont. Code Ann. § 87-2-817 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-817
87-2-817 Licenses for service members
Status: reserved

87-2-817 . Licenses for service members. (1) A veteran or a disabled member of the armed forces who meets the qualifications in 87-2-803 (9) as a result of a combat-connected injury may apply at a fish, wildlife, and parks office for a regular Class A-3 deer A tag, a Class A-4 deer B tag, a Class B-7 deer A tag, a Class B-8 deer B tag, and a special antelope license made available under 87-2-506 (3) for one-half of the license fee. Licenses issued to veterans or disabled members of the armed forces under this part do not count against the number of special antelope licenses reserved for people with permanent disabilities, as provided in 87-2-706 .

(2) (a) A Montana resident who is a member of the Montana national guard or the federal reserve as provided in 10 U.S.C. 10101 or who was otherwise engaged in active duty and who participated in a contingency operation as provided in 10 U.S.C. 101(a)(13) that required the member to serve at least 2 months outside of the state, upon request and upon presentation of the documentation described in subsection (2)(c), must be issued a free resident conservation license and a Class A resident fishing license or a Class AAA resident combination sports license, which may not include a Class A-6 black bear tag, upon payment of the resident base hunting license fee in 87-2-116 and the purchase of the resident aquatic invasive species prevention pass pursuant to 87-2-130 , in the license year that the member returns from military service or in the year following the member's return, based on the member's election, and in any of the 4 years after the member's election.

(b) If a Montana resident who meets the service qualifications of subsection (2)(a) is subsequently required to serve another 2 months or more outside of the state under the same service qualifications, the entitlement to free licenses provided pursuant to subsection (2)(a) resets and the member may start a new 5-year entitlement period beginning in the license year that the member returns from the subsequent military service or in the year following the member's return, based on the member's election. There is no limit on the number of times the entitlement period may be reset if the Montana resident repeatedly meets the service qualifications of subsection (2)(a).

(c) To be eligible for the free licenses provided for in subsection (2)(a) or (2)(b), an applicant shall, in addition to the written application and proof of residency required in 87-2-202 (1), provide to any regional department office or to the department headquarters in Helena, by mail or in person, the member's DD form 214 verifying the member's release or discharge from active duty. The applicant is responsible for providing documentation showing that the applicant participated in a contingency operation as provided in 10 U.S.C. 101(a)(13).

(d) The department's general license account must be reimbursed by a quarterly transfer of funds from the general fund to the general license account for costs associated with the free licenses granted pursuant to this subsection (2) during the preceding calendar quarter. Reimbursement costs must be designated as license revenue.

(3) A member of the armed forces who forfeited a license or permit issued through a drawing as a result of deployment for at least 2 months outside of the state in support of a contingency operation as provided in 10 U.S.C. 101(a)(13) is guaranteed the same license or permit, without additional fee, upon application in the year of the member's return from deployment or in the first year that the license or permit is made available after the member's return.
Mont. Code Ann. § 87-2-308 — MT Code / Title 87 / Chapter 2 / Part 3 / Section 87-2-308
87-2-308 Class A-8--resident temporary fishing license
Status: in_force

87-2-308 . Class A-8--resident temporary fishing license. (1) Any resident, as defined in 87-2-102 , is entitled to a resident temporary fishing license authorizing the holder to fish with hook and line in designated waters, for a period of time determined by the commission and indicated on the license, upon payment to any agent of the department authorized to issue fishing licenses of the amount determined by the commission. Cost of the license and length of time for which the license is effective must be set:

(a) at an amount that is less than the Class A resident fishing license; and

(b) at an amount and for a length of time that the commission determines will serve at a reasonable price the needs of residents who fish occasionally.

(2) Terms and conditions of the license must be prescribed by rules of the commission.
Mont. Code Ann. § 87-5-705 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-705
87-5-705 Regulation of exotic wildlife
Status: in_force

87-5-705 . (Temporary) Regulation of exotic wildlife. (1) A person may not import into the state, possess, or sell any exotic wildlife unless:

(a) the importation, possession, or sale of the exotic wildlife is allowed by law or commission rule; and

(b) the person has obtained authorization for importation from the department of livestock pursuant to Title 81, chapter 2, part 7.

(2) The department may issue a permit for authorizing the possession or sale of controlled exotic wildlife and make the permit available to persons who wish to import, possess, or sell controlled exotic wildlife, subject to rules of the commission and the department. The department may charge a reasonable fee, as determined by department rule, for the issuance of the authorization permit.
Mont. Code Ann. § 87-4-909 — MT Code / Title 87 / Chapter 4 / Part 9 / Section 87-4-909
87-4-909 Game farm birds as private property
Status: in_force

87-4-909 . Game farm birds as private property. All birds lawfully raised in a licensed game bird farm are the private property of the licensee, and the licensee may sell or transfer such birds as private property.
Mont. Code Ann. § 87-4-415 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-415
87-4-415 Transportation, sale, and disposal of alternative livestock -- quarantine
Status: in_force

87-4-415 . Transportation, sale, and disposal of alternative livestock -- quarantine. (1) Prior to selling, transferring, transporting, or disposing of one or more alternative livestock, the alternative livestock ranch licensee shall request an inspection of the alternative livestock, which inspection must be completed by a department of livestock designated agent. All dead alternative livestock must be reported to the department of livestock within 1 working day of the discovery of the death.

(2) (a) Inspection under subsection (1) must be conducted pursuant to 81-3-203 (1) through (3) and must include the number, species, age, sex, and individual identification numbers of alternative livestock transported or disposed of.

(b) A copy of the certificate of inspection must be provided by the department of livestock to the department within 10 days of inspection.

(3) The department of livestock may quarantine or issue a hold order on any alternative livestock pending inspection and health certification. The department shall notify the department of livestock regarding the importation or transportation of any alternative livestock that the department reasonably believes may be infected with a disease specific to wildlife.
Mont. Code Ann. § 87-3-237 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-237
87-3-237 Warm water fishery enhancement account -- source of funding -- use of account
Status: in_force

87-3-237 . Warm water fishery enhancement account -- source of funding -- use of account. (1) There is an account to the credit of the department in the state special revenue fund established by 17-2-102 to be known as the warm water fishery enhancement account.

(2) There must be deposited in the account:

(a) a one-time transfer of money from the department in the amount of $1,000 to start the fund;

(b) proceeds from voluntary contributions.

(3) Money in the account may be used only to fund the enhancement of warm water fisheries and habitats in Montana.

(4) The department shall adopt a process that allows individuals to donate money to the warm water fishery enhancement account by means of a voluntary contribution. Each individual must be provided an opportunity to contribute to the account at the time the individual purchases a fishing license.
Mont. Code Ann. § 87-1-269 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-269
87-1-269 Private land/public wildlife advisory committee -- duties -- reports
Status: in_force

87-1-269 . Private land/public wildlife advisory committee -- duties -- reports. (1) There is a private land/public wildlife advisory committee composed of persons interested in issues related to hunters, anglers, landowners, and outfitters, including but not limited to hunting access programs established pursuant to 87-1-265 , the fishing access enhancement program, landowner-hunter relations, outfitting industry issues, public access land agreements, and other issues related to private lands and public wildlife. The committee must have broad representation of landowners, outfitters, and sportspersons. The department may provide administrative assistance as necessary to assist the private land/public wildlife advisory committee.

(2) The governor shall appoint the members of the private land/public wildlife advisory committee.

(3) (a) The private land/public wildlife advisory committee shall report to the governor and to each regular session of the legislature, in accordance with 5-11-210 , regarding the success of various elements of the hunting access programs, including a report of annual landowner participation, the number of acres annually enrolled in the programs, hunter harvest success on enrolled lands, the number of qualified applicants who were denied enrollment because of a shortfall in funding, and an accounting of program expenditures, and make recommendations for funding, modification, or improvement needed to achieve the objectives of the programs. The department shall provide fiscal analyses of all hunting access program funding sources to the review committee for review and recommendations.

(b) The private land/public wildlife advisory committee shall report to the governor and to each regular session of the legislature, in accordance with 5-11-210 , regarding the success of the fishing access enhancement program and make recommendations for funding, modification, or improvement needed to achieve the objectives of the program. The department shall provide fiscal analyses of all fishing access enhancement program funding sources to the review committee for review and recommendations.

(4) The private land/public wildlife advisory committee shall review public access land agreement proposals pursuant to 87-1-295 and recommend to the department whether to grant public access land agreements.

(5) The director may appoint additional advisory committees that are considered necessary to assist in the implementation of the hunting access programs, public access land agreements, and the fishing access enhancement program and to advise the commission regarding the development of rules implementing the hunting access programs, public access land agreements, and the fishing access enhancement program.
Mont. Code Ann. § 87-3-235 — MT Code / Title 87 / Chapter 3 / Part 2 / Section 87-3-235
87-3-235 Fort Peck multispecies fish hatchery established
Status: in_force

87-3-235 . Fort Peck multispecies fish hatchery established. (1) There is a multispecies fish hatchery near Fort Peck dam. The purpose of the hatchery is to provide healthy warm water game fish to improve the warm water fishing opportunities in Montana with minimal impact on cold water fish populations. Administration of the hatchery must be by the department, consistent with the department's authority provided for in 87-3-201 .

(2) The multispecies hatchery is intended to use 96 acres of rearing ponds to produce warm water species. The hatchery is to employ land available through long-term lease from the U.S. army corps of engineers. Electric power for the hatchery may be purchased from Fort Peck dam at the lowest available rate.

(3) Propagation of warm water species, including but not limited to largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieui), walleye (Sander vitreus), sauger (Sander canadensis), black crappie (Pomoxis nigromaculatus), white crappie (Pomoxis annularis), channel catfish (Ictalurus punctatus), yellow perch (Perca flavescens), northern pike (Esox lucius), pallid sturgeon (Scaphirhynchus albus), paddlefish (Polyodon spathula), tiger muskellunge, other warm water species classified as species of special concern, threatened, or endangered, and bait fish, including cisco (Coregonus artedii), must be given priority over the propagation of any cold water species at the hatchery. To the greatest extent possible, the department shall maximize the production of warm water species at the hatchery. The propagation of cold water species may not displace or reduce the propagation of warm water species at the hatchery.

(4) Costs for hatchery operation, maintenance, and personnel are to be funded with revenue in the general license account or any federal funding available to the department.
Mont. Code Ann. § 87-2-124 — MT Code / Title 87 / Chapter 2 / Part 1 / Section 87-2-124
87-2-124 Option to direct limited drawing refunds to block management program
Status: in_force

87-2-124 . Option to direct limited drawing refunds to block management program. A person who participates in a limited drawing but is not successful in the drawing may opt, upon application, to direct that the refund the person is eligible to receive instead be deposited in the hunting access account established in 87-1-290 and used for the purpose of funding the block management program established in 87-1-265 .
Mont. Code Ann. § 87-2-701 — MT Code / Title 87 / Chapter 2 / Part 7 / Section 87-2-701
87-2-701 Special licenses
Status: in_force

87-2-701 . Special licenses. (1) An applicant 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 apply for a special license that, in the judgment of the department, is to be issued and shall pay the following fees:

(a) moose--resident, $125; nonresident, $1,250;

(b) mountain goat--resident, $125; nonresident, $1,250;

(c) mountain sheep--resident, $125; nonresident, $1,250;

(d) antelope--resident, $14; nonresident, $200;

(e) grizzly bear--resident, $150; nonresident, $1,000;

(f) black bear--nonresident, $350;

(g) wild buffalo or bison--resident, $125; nonresident, $1,250.

(2) If a holder of a valid special grizzly bear license who is 12 years of age or older kills a grizzly bear, the person shall purchase a trophy license for a fee of $50 within 10 days after the date of the kill. The trophy license authorizes the holder to possess and transport the trophy.

(3) Except as provided in 87-5-302 for special grizzly bear licenses, special licenses must be issued in a manner prescribed by the department.
Mont. Code Ann. § 87-4-802 — MT Code / Title 87 / Chapter 4 / Part 8 / Section 87-4-802
87-4-802 Department regulations
Status: in_force

87-4-802 . (Temporary) Department regulations. The department shall adopt and enforce reasonable regulations for the housing, care, treatment, feeding, and sanitation of animals kept in roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos, for the protection of the public from injury by those animals, and for the licensing of roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos.
Mont. Code Ann. § 87-1-602 — MT Code / Title 87 / Chapter 1 / Part 6 / Section 87-1-602
87-1-602 Payment of salaries, per diem, and expenses
Status: in_force

87-1-602 . Payment of salaries, per diem, and expenses. All salaries, per diem, expenses, and claims incurred by the department or a person appointed or employed by it shall be paid out of fish and game moneys in the general fund, the federal special revenue fund, the state special revenue fund, or other applicable fund upon warrants properly drawn on those funds.
Mont. Code Ann. § 87-4-414 — MT Code / Title 87 / Chapter 4 / Part 4 / Section 87-4-414
87-4-414 Alternative livestock as private property -- source -- marking -- fee shooting prohibited
Status: in_force

87-4-414 . Alternative livestock as private property -- source -- marking -- fee shooting prohibited. (1) All alternative livestock lawfully possessed on a licensed alternative livestock ranch are private property for which the licensee is responsible as provided by law.

(2) The licensee may acquire, breed, grow, keep, pursue, handle, harvest, use, sell, or dispose of the alternative livestock and their progeny in any quantity and at any time of year as long as the licensee complies with the requirements of this part, except that the licensee may not allow the shooting of game animals or alternative livestock, as defined in 87-2-101 or 87-4-406 , or of any exotic big game species for a fee or other remuneration on an alternative livestock facility.

(3) A licensee shall mark alternative livestock in a manner approved by the department of livestock, as required under subsection (4), and that indicates ownership and provides individual identification of animals for inspection, transportation, reporting, and taxation purposes.

(4) The department of livestock is responsible for the control, tracking, and distribution of identification tags used for the marking of alternative livestock. The department of livestock shall require that all imported alternative livestock are marked within 30 days of importation and that all other alternative livestock are marked prior to January 1 of each year. Each alternative livestock must be marked with identification that:

(a) is unique to the animal;

(b) is nontransferable;

(c) has an emblem owned and registered by the department of livestock that is embossed on each identification tag; and

(d) allows for the identification of alternative livestock from a distance.

(5) Upon the request of a licensee, the department of livestock may grant a temporary waiver as to the time for identification and to the manner of identification if necessary to address a special circumstance.

(6) Alternative livestock must be lawfully acquired by the licensee. Alternative livestock may be kept only on a licensed alternative livestock ranch. A licensee who keeps alternative livestock owned by, leased to, or leased from another person shall comply with all of the requirements of this part as if the animal belonged to the licensee. Records and reports submitted by the licensee pursuant to 87-4-417 must identify any alternative livestock kept by the licensee during the reporting period and the name and address of the owner or lessee.

(7) Except as otherwise provided in this part, laws applicable to game animals do not apply to alternative livestock raised on a licensed alternative livestock ranch.
Mont. Code Ann. § 87-1-303 — MT Code / Title 87 / Chapter 1 / Part 3 / Section 87-1-303
87-1-303 Rules for use of lands and waters
Status: in_force

87-1-303 . Rules for use of lands and waters. (1) Except as provided in 23-1-111 , 87-1-301 (6), and subsection (3) of this section, the commission may adopt and enforce rules governing uses of lands that are acquired or held under easement by the commission or lands that it operates under agreement with or in conjunction with a federal or state agency or private owner. The rules must be adopted in the interest of public health, public safety, and protection of property in regulating the use of these lands. All lease and easement agreements must itemize uses as listed in 87-1-209 .

(2) Except as provided in 87-1-301 (6), the commission may adopt and enforce rules governing recreational uses of all public fishing reservoirs, public lakes, rivers, and streams that are legally accessible to the public or on reservoirs and lakes that it operates under agreement with or in conjunction with a federal or state agency or private owner. These rules must be adopted in the interest of public health, public safety, public welfare, and protection of property and public resources in regulating swimming, hunting, fishing, trapping, boating, including but not limited to boating speed regulations, the operation of motor-driven boats, the operation of personal watercraft, the resolution of conflicts between users of motorized and nonmotorized boats, waterskiing, surfboarding, picnicking, camping, sanitation, and use of firearms on the reservoirs, lakes, rivers, and streams or at designated areas along the shore of the reservoirs, lakes, rivers, and streams. Areas regulated pursuant to the authority contained in this section must be areas that are legally accessible to the public. These rules are subject to review and approval by the department of public health and human services with regard to issues of public health and sanitation before becoming effective. Copies of the rules must show that endorsement.

(3) (a) The commission may not regulate or classify domestic livestock trailing as a commercial activity or commercial use that is subject to licensing, permitting, or fee requirements. Domestic livestock trailing on land owned or controlled by the department is exempt from the requirements of Title 75, chapter 1, parts 1 through 3.

(b) The commission may authorize domestic livestock trailing across land owned or controlled by the department that is designated as a wildlife management area. The commission may adopt rules governing the timing of and the route to be used for domestic livestock trailing activities to the extent that the rules are necessary both to enable the trailing of domestic livestock across the designated wildlife management area and to protect and enhance state lands. The rules may not:

(i) require a fee for domestic livestock trailing or related activities; or

(ii) prohibit or unreasonably interfere with domestic livestock trailing activities.

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

(a) "Domestic livestock" means domestic animals kept for farm and ranch purposes, including but not limited to horses, cattle, sheep, goats, and dogs.

(b) "Domestic livestock trailing" means the entering upon and crossing of department lands and the use of the lands for forage by domestic livestock for a maximum of 96 consecutive hours.
Mont. Code Ann. § 87-1-283 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-283
87-1-283 Native Montana fish species enhancement program
Status: in_force

87-1-283 . Native Montana fish species enhancement program. (1) In order to enhance populations of native Montana fish species through habitat restoration, reductions in species competition, and natural reproduction, the department shall, through its future fisheries improvement program, restore habitats and spawning areas and reduce species competition in rivers, lakes, and streams for Montana's native fish species.

(2) In order to implement this section, the department may expend revenue from the native Montana fish species enhancement program for one additional full-time employee and one contractor to assist the review panel.

(3) The department shall also work with the department of transportation to implement enhancement of native Montana fish species by providing annual updates to the state transportation improvement program regarding possible additions to projects that will benefit the enhancement effort. State transportation improvement plan funds expended for native Montana fish species must be accounted for separately and reported annually.
Mont. Code Ann. § 87-1-506 — MT Code / Title 87 / Chapter 1 / Part 5 / Section 87-1-506
87-1-506 Enforcement powers of wardens
Status: in_force

87-1-506 . Enforcement powers of wardens. (1) A warden may:

(a) serve a subpoena issued by a court for the trial of a violator of the fish and game laws;

(b) conduct a search, with a search warrant, in accordance with Title 46, chapter 5;

(c) seize game, fish, game birds, and fur-bearing animals and any parts of them taken or possessed in violation of the law or the rules of the department;

(d) seize and hold, subject to law or the orders of the department, devices that have been used to unlawfully take game, fish, birds, or fur-bearing animals;

(e) arrest, in accordance with Title 46, chapter 6, a violator of a fish and game law or rule of the department, violation of which is a misdemeanor;

(f) enforce the disorderly conduct and public nuisance laws, 45-8-101 and 45-8-111 , as they apply to the operation of motorboats on all waters of the state;

(g) as provided for in 37-47-345 , investigate violations of 37-47-301(1) and (2) and 37-47-404 ;

(h) enforce the provisions of Title 80, chapter 7, part 10, and rules adopted under Title 80, chapter 7, part 10, for those invasive species that are under the department's jurisdiction;

(i) on the signing of an agreement as described in 77-1-815 , enforce the provisions of Title 77 and rules adopted by the department of natural resources and conservation pertaining to the use of state trust lands; and

(j) exercise the other powers of peace officers in the enforcement of the fish and game laws, the rules of the department, and judgments obtained for violation of those laws or rules.

(2) The meat of game animals that are seized pursuant to subsection (1)(c) must be donated directly to the Montana food bank network or to public or charitable institutions to the extent reasonably feasible. Any meat that the department is unable to donate must be sold pursuant to 87-1-511 , with the proceeds to be distributed as provided in 87-1-513 (2).
Mont. Code Ann. § 87-4-527 — MT Code / Title 87 / Chapter 4 / Part 5 / Section 87-4-527
87-4-527 Wild game on preserve
Status: in_force

87-4-527 . Wild game on preserve. Any wild game found on shooting preserves may be harvested in accordance with applicable license, game, and hunting laws pertaining to open seasons, bag and possession limits, and rules, as are established regularly by the department and the U.S. fish and wildlife service.
Mont. Code Ann. § 87-5-715 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-715
87-5-715 Extermination or control of transplanted or introduced wildlife or feral species posing threat
Status: in_force

87-5-715 . Extermination or control of transplanted or introduced wildlife or feral species posing threat. Any wildlife or feral species transplanted or introduced in the state may be exterminated or controlled by the department if the commission determines that the species poses harm to native wildlife or plants or to agricultural production.
Mont. Code Ann. § 87-1-276 — MT Code / Title 87 / Chapter 1 / Part 2 / Section 87-1-276
87-1-276 Purpose
Status: in_force

87-1-276 . Purpose. The purpose of 87-1-277 through 87-1-279 and this section is to create a continuing program and mechanism to provide funding, through the department, to private shooting clubs, private organizations, local governments, and school districts for the establishment and improvement of a system of shooting ranges throughout Montana.
Mont. Code Ann. § 87-6-207 — MT Code / Title 87 / Chapter 6 / Part 2 / Section 87-6-207
87-6-207 Unlawful use of boat
Status: in_force

87-6-207 . Unlawful use of boat. (1) A person may not use a motorboat or a sailboat as defined in 61-1-101 for the purpose of killing, capturing, taking, pursuing, concentrating, driving, or stirring up any upland game bird, migratory bird, game animal, or fur-bearing animal until the motor is shut off or the sails are furled and the progress of the vessel has ceased.

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

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

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

(c) If a person is convicted or forfeits bond or bail after being charged with unlawful use of a boat to kill or take a deer, antelope, elk, or mountain lion, 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, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period.

(d) If a person is convicted or forfeits bond or bail after being charged with unlawful use of a boat to kill or take a fur-bearing animal, the person shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.
Mont. Code Ann. § 87-5-913 — MT Code / Title 87 / Chapter 5 / Part 9 / Section 87-5-913
87-5-913 Real property
Status: in_force

87-5-913 . Real property. Real property conveyed by fee simple title to the state under this part must be administered by the department pursuant to Title 77.
Mont. Code Ann. § 87-5-725 — MT Code / Title 87 / Chapter 5 / Part 7 / Section 87-5-725
87-5-725 Notification of transplantation or introduction of wildlife
Status: in_force

87-5-725 . Notification of transplantation or introduction of wildlife. (1) When the decision to introduce or transplant a wolf, bear, or mountain lion is made pursuant to this part, the department shall:

(a) provide public notice on its website and, when practical, by personal contact in the general area where the animal is released; and

(b) notify the public through print and broadcast media of the availability of release information on the department's website.

(2) Prior permission from the landowner is required before any animal may be transplanted onto private property.
Mont. Code Ann. § 87-4-807 — MT Code / Title 87 / Chapter 4 / Part 8 / Section 87-4-807
87-4-807 Enforcement and penalty
Status: in_force

87-4-807 . Enforcement and penalty. (1) The provisions of this part must be enforced by any warden or any other legally authorized officer. Any person violating the provisions of this part shall upon conviction be punished as provided in 87-6-715 , and at the discretion of the court, the permit and all rights and privileges inherent in the permit may be forfeited.

(2) Any animals being kept in violation of any section of this part may be confiscated or ordered disposed of at the discretion of the director. The permittee may appeal to the commission within 20 days of the date of the order to confiscate, and the commission shall hold a hearing on an appeal. The decision of the commission is final.
Mont. Code Ann. § 87-1-504 — MT Code / Title 87 / Chapter 1 / Part 5 / Section 87-1-504
87-1-504 Protection of private property -- duty of wardens
Status: in_force

87-1-504 . Protection of private property -- duty of wardens. It is the duty of wardens to enforce and wardens have the power of peace officers in the enforcement of the provisions of 45-6-101 , 45-6-203 , 75-10-212 (2), 77-1-801 , 77-1-806 , and rules adopted under 77-1-804 on private and state lands.
Mont. Code Ann. § 87-2-816 — MT Code / Title 87 / Chapter 2 / Part 8 / Section 87-2-816
87-2-816 Licenses for legion of valor members -- purple heart awardees
Status: in_force

87-2-816 . Licenses for legion of valor members -- purple heart awardees. (1) A resident, as defined in 87-2-102 , or a nonresident who is a legion of valor member is entitled to fish with a conservation license issued by the department.

(2) A resident, as defined in 87-2-102 , awarded a purple heart for service in the armed forces of the United States is entitled to fish and hunt game birds, not including wild turkeys, with the purchase of a conservation license pursuant to 87-2-202 and a resident aquatic invasive species prevention pass pursuant to 87-2-130 .

(3) A nonresident awarded a purple heart for service in the armed forces of the United States is entitled to fish and hunt game birds, not including wild turkeys, with the purchase of a conservation license pursuant to 87-2-202 and a nonresident aquatic invasive species prevention pass pursuant to 87-2-130 during expeditions arranged for the nonresident by a nonprofit organization that uses fishing and hunting as part of the rehabilitation of disabled veterans.

(4) The department's general license account must be reimbursed by a quarterly transfer of funds from the general fund to the general license account for license costs associated with the fishing and game bird hunting privileges granted pursuant to subsections (2) and (3) during the preceding calendar quarter. Reimbursement costs must be designated as license revenue.
Mont. Code Ann. § 87-4-301 — MT Code / Title 87 / Chapter 4 / Part 3 / Section 87-4-301
87-4-301 Fur dealers defined
Status: in_force

87-4-301 . Fur dealers defined. (1) A person or persons, firm, company, or corporation 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 any animal or animals designated by the laws of Montana as fur-bearing or predatory animals is considered a fur dealer within the meaning of this part.

(2) If the fur dealer resides in 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.
Mont. Code Ann. § 87-6-906 — MT Code / Title 87 / Chapter 6 / Part 9 / Section 87-6-906
87-6-906 Restitution for illegal killing, possession, or waste of certain wildlife
Status: in_force

87-6-906 . Restitution for illegal killing, possession, or waste of certain wildlife. (1) Except as provided in 87-6-907 and in addition to other penalties provided by law, a person convicted or forfeiting bond or bail on a charge of the illegal taking, killing, possession, or waste of a wild bird, mammal, or fish listed in this section shall reimburse the state for each bird, mammal, or fish according to the following schedule:

(a) mountain sheep and endangered species, $2,000;

(b) elk, caribou, bald eagle, black bear, wolf, and moose, $1,000;

(c) mountain lion, lynx, wolverine, buffalo, golden eagle, osprey, falcon, antlered deer as defined by commission regulation, bull trout longer than 18 inches, and adult buck antelope as defined by commission regulation, $500;

(d) deer not included in subsection (1)(c), antelope not included in subsection (1)(c), fisher, raptor not included in subsection (1)(c), swan, bobcat, white sturgeon, river-dwelling grayling, and paddlefish, $300;

(e) fur-bearing animals that are not listed in subsection (1)(c) or (1)(d), $100;

(f) game bird (except swan), $25;

(g) game fish, $10.

(2) When a court enters an order declaring bond or bail to be forfeited, the court may also order that some or all of the forfeited bond or bail be paid as restitution to the state according to the schedule in subsection (1). A hearing to determine the amount of restitution, as required under 46-9-512 , is not required for an order of restitution under this section.
Mont. Code Ann. § 87-5-109 — MT Code / Title 87 / Chapter 5 / Part 1 / Section 87-5-109
87-5-109 Taking of species for educational, scientific, or other purposes
Status: in_force

87-5-109 . Taking of species for educational, scientific, or other purposes. (1) The director may permit the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, on the United States' list of endangered native fish and wildlife, as amended and accepted in accordance with 87-5-107 (5), or on the United States' list of endangered foreign fish and wildlife, as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.

(2) Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured, or destroyed but only pursuant to permit issued by the director and, where possible, by or under the supervision of an agent of the department. Endangered species may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the department pursuant to 87-5-105 .
Mont. Code Ann. § 87-1-105 — MT Code / Title 87 / Chapter 1 / Part 1 / Section 87-1-105
87-1-105 Duty of attorney general and county attorneys
Status: in_force

87-1-105 . Duty of attorney general and county attorneys. The attorney general of the state is the legal adviser of the department and shall, together with the several county attorneys, enforce the provisions of this title.
Mont. Code Ann. § 87-6-410 — MT Code / Title 87 / Chapter 6 / Part 4 / Section 87-6-410
87-6-410 Migratory game bird offenses
Status: in_force

87-6-410 . Migratory game bird offenses. A person who violates any provision of 87-3-403 related to migratory game birds 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.