reglab/housing_qa huggingface dataset:
MT Code § 87-1-285 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 2. Department of Fish, Wildlife, and Parks|87-1-285. Fishing access enhancement program created -- private landowner assistance to promote public fishing access -- rules

  87-1-285. Fishing access enhancement program created -- private landowner assistance to promote public fishing access -- rules. (1) The department may establish programs of landowner assistance that encourage public access to and across private lands for purposes of fishing and may adopt rules to carry out program purposes. Rules may address but are not limited to incentives for private landowners who allow public fishing access on or across their lands, where legal access does not presently exist. Participation in the fishing access enhancement program is established through a cooperative agreement between a landowner and the department, including other resource management agencies when appropriate, that allows access for public fishing with certain restrictions or use rules.   (2) The department may also develop similar voluntary programs that are designed to promote public access across private lands for fishing purposes.   (3) Participation in a program established under subsection (1) is voluntary. Programs may not be structured in a manner that provides assistance to a private landowner who charges a fee for fishing access to private land that is enrolled in the program or who does not provide reasonable public fishing access to private land that is enrolled in the program. The commission shall develop criteria by which tangible benefits are allocated to participating landowners, and the department may distribute the benefits to participating landowners.   (4) Funds from the account established pursuant to 87-1-605 may be used to purchase or lease public fishing access at county road bridge crossings or for necessary parking facilities, trails, or ramps to facilitate fishing access to public waters at bridge crossings.   History: En. Sec. 1, Ch. 196, L. 2001.
MT Code § 87-1-287 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 2. Department of Fish, Wildlife, and Parks|87-1-287. Placement of warning sign in water legally accessible to public -- liability limitation -- role of department

  87-1-287. Placement of warning sign in water legally accessible to public -- liability limitation -- role of department. (1) Unless acting with gross negligence, an individual or a nonprofit organization is not liable for civil damages resulting from the individual's or organization's placement of a sign or marker warning of a hazard in water legally accessible to the public as long as:   (a) the sign or marker is a white plastic milk bottle attached by a cord to the hazard or is a sign or marker approved by the department;   (b) the sign or marker contains or bears the name and telephone number of the individual or nonprofit organization that placed it;   (c) the individual or nonprofit organization maintains or removes the sign or marker when dictated by changing water conditions or seasonal changes; and   (d) the individual or nonprofit organization places the sign or marker only for the purpose of identifying hazards.   (2) (a) The provisions of this section are not intended to prohibit the placement of nonhazard signs or markers for waterskiing, diving, safe channels, or swimming areas or for posting speed limits.   (b) The department shall inform members of the public involved in the recreational use of the waters of this state of the placement, use, and significance of signs or markers warning of hazards in the water that are placed by individuals or nonprofit organizations pursuant to the provisions of this section.   (3) The provisions of this section apply only to the waters of this state that have not been determined to be navigable for purposes of federal jurisdiction over navigation aids.   History: En. Sec. 1, Ch. 119, L. 2003.
MT Code § 87-1-288 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 2. Department of Fish, Wildlife, and Parks|87-1-288. and 87-1-289 reserved

  87-1-288 and 87-1-289 reserved.
MT Code § 87-1-290 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 2. Department of Fish, Wildlife, and Parks|87-1-290. Hunting access account

  87-1-290. (Temporary) Hunting access account. (1) There is a hunting access account in the state special revenue fund. Funds deposited in this account must be used for the purpose of funding any hunting access program.   (2) The following funds must be deposited in the account:   (a) 28.5% of the fee for Class B-10 nonresident big game combination licenses pursuant to 87-2-505 and 28.5% of the fee for Class B-11 nonresident deer combination licenses pursuant to 87-2-510;   (b) 28.5% of the fee for hunting licenses issued to nonresident relatives of a resident pursuant to 87-2-514; and   (c) the hunting access fees collected pursuant to 87-2-116.   (3) Any interest or income earned on the account must be deposited in the account.   87-1-290. (Effective March 1, 2022) Hunting access account. (1) There is a hunting access account in the state special revenue fund. Funds deposited in this account must be used for the purpose of funding any hunting access program.   (2) The following funds must be deposited in the account:   (a) 28.5% of the fee for Class B-10 nonresident big game combination licenses pursuant to 87-2-505 and 28.5% of the fee for Class B-11 nonresident deer combination licenses pursuant to 87-2-510;   (b) 28.5% of the fee for hunting licenses issued to nonresident relatives of a resident pursuant to 87-2-514;   (c) the hunting access fees collected pursuant to 87-2-116; and   (d) limited drawing refunds received pursuant to 87-2-124.   (3) Any interest or income earned on the account must be deposited in the account.   History: En. Sec. 9, I.M. No. 161, approved Nov. 2, 2010; amd. Sec. 1, Ch. 415, L. 2011; amd. Sec. 5, Ch. 449, L. 2015; amd. Sec. 9, Ch. 63, L. 2019; amd. Sec. 2, Ch. 106, L. 2019.
MT Code § 87-1-291 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 2. Department of Fish, Wildlife, and Parks|87-1-291. and 87-1-292 reserved

  87-1-291 and 87-1-292 reserved.
MT Code § 87-1-293 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 2. Department of Fish, Wildlife, and Parks|87-1-293. Hunters against hunger -- findings -- optional donation -- rulemaking

  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.   History: En. Sec. 1, Ch. 83, L. 2013.
MT Code § 87-1-295 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 2. Department of Fish, Wildlife, and Parks|87-1-295. Public access land agreement -- terms -- application fee

  87-1-295. Public access land agreement -- terms -- application fee. (1) A public access land agreement may be granted only to a landowner who is providing access across the landowner's land to public land that is leased by the landowner or to public land for which there is no leaseholder. An agreement may not include land for which the landowner is also compensated pursuant to 76-17-102 or 87-1-294.  (2) The department shall negotiate the terms of a proposed public access land agreement with the landowner. Negotiable terms include:   (a) the amount of compensation, not to exceed $15,000 annually, and the duration of the agreement;   (b) improvements to the land provided by the department that may facilitate public access;   (c) the location of the access and the transportation mode by which the public may use the access;   (d) time periods when the access may and may not be used; and   (e) penalties for trespassing on private land not covered by the agreement.   (3) The private land/public wildlife advisory committee appointed pursuant to 87-1-269 shall review proposed public access land agreements and make recommendations to the department. The department shall consider the recommendations when issuing agreements.   (4) The department may revoke a public access land agreement for a violation of the terms of the agreement.   (5) The restriction on liability of a landowner, agent, or tenant that is provided under 70-16-302(1) applies to a landowner who holds a public access land agreement.   (6) (a) A landowner who proposes a public access land agreement to the department shall pay a $5 application fee.   (b) All application fees must be deposited in the department's general license account and used for the purpose of establishing public access land agreements. At the end of each fiscal year, application revenue that remains unobligated is available to the department for any purpose pursuant to 87-1-201(3).   (7) The department may adopt rules to implement the provisions of this section.   History: En. Sec. 1, Ch. 296, L. 2019; amd. Sec. 3, Ch. 552, L. 2021.
MT Code § 87-1-296 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 2. Department of Fish, Wildlife, and Parks|87-1-296. Funding agreement limits -- administrative costs

  87-1-296. Funding agreement limits -- administrative costs. (1) (a) Up to $1 million each biennium may be used for public access land agreements.   (b) The total of annual payments for a public access land agreement may not exceed $15,000. A public access land agreement may not include land for which the landowner is also compensated pursuant to 76-17-102 or 87-1-294.   (2) The department may expend up to 10% of funds available pursuant to this section to pay costs incurred by the department for administering 87-1-295 and this section and providing support to the private land/public wildlife advisory committee, including but not limited to contracting with a state agency for negotiating public access land agreements.   History: En. Sec. 2, Ch. 296, L. 2019.
MT Code § 87-1-297 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 2. Department of Fish, Wildlife, and Parks|87-1-297. Rulemaking authority

  87-1-297. Rulemaking authority. The department may adopt rules to implement the provisions of 87-1-295 and 87-1-296.   History: En. Sec. 3, Ch. 296, L. 2019.
MT Code § 87-1-302 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 3. Fish and Wildlife Commission|87-1-302. Commission meetings

  87-1-302. Commission meetings. The members of the commission shall hold quarterly or other meetings for the transaction of business at times and places it considers necessary and proper. The meetings must be called by the presiding officer or by a majority of the commission and must be held at the time and place specified in the call for the meeting. A majority of the members of the commission constitute a quorum for the transaction of any business that may come before it. The commission shall keep a record of all the business transacted by it. The presiding officer and secretary shall sign all orders, minutes, or documents for the commission.   History: En. Sec. 3, Ch. 193, L. 1921; re-en. Sec. 3652, R.C.M. 1921; amd. Sec. 1, Ch. 77, L. 1923; amd. Sec. 1, Ch. 192, L. 1925; re-en. Sec. 3652, R.C.M. 1935; amd. Sec. 1, Ch. 114, L. 1945; amd. Sec. 1, Ch. 52, L. 1957; amd. Sec. 1, Ch. 119, L. 1959; amd. Sec. 23, Ch. 271, L. 1963; amd. Sec. 2, Ch. 511, L. 1973; R.C.M. 1947, 26-103(part); amd. Sec. 2836, Ch. 56, L. 2009.
MT Code § 87-1-305 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 3. Fish and Wildlife Commission|87-1-305. Fish and game refuges

  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.   History: En. 26-104.8 by Sec. 9, Ch. 511, L. 1973; R.C.M. 1947, 26-104.8.
MT Code § 87-1-306 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 3. Fish and Wildlife Commission|87-1-306. Designation of certain river stretches as no-wake waters -- personal watercraft use prohibited

  87-1-306. Designation of certain river stretches as no-wake waters -- personal watercraft use prohibited. (1) In the interest of public health, safety, and welfare and protection of property and public resources, the use of personal watercraft is prohibited on the headwaters of the Missouri River downstream to its confluence with Prewett Creek, except in Missouri River reservoirs, and including all tributaries but not their reservoirs.   (2) The waters from Hauser dam downstream to Beaver Creek are limited to a controlled no-wake speed.   (3) This section does not apply to the use of the designated waters for search and rescue, official patrol, or scientific purposes.   (4) This section may not be construed to limit the authority of the commission or department to enact by administrative rule or to enforce any other restrictions on any surface waters in the interests of public health, safety, or welfare, the protection of property or public resources, or the resolution of conflicts between users of motorized and nonmotorized boats.   History: En. Sec. 4, Ch. 569, L. 1999.
MT Code § 87-1-307 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 3. Fish and Wildlife Commission|87-1-307. through 87-1-320 reserved

  87-1-307 through 87-1-320 reserved.
MT Code § 87-1-321 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 3. Fish and Wildlife Commission|87-1-321. Purpose

  87-1-321. Purpose. The purpose of 87-1-321 through 87-1-325 is to require the commission, with advice of the department, to manage elk, deer, and antelope populations in a sustainable manner that keeps animal populations at a number that does not adversely affect Montana land.   History: En. Sec. 1, Ch. 553, L. 2003.
MT Code § 87-1-322 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 3. Fish and Wildlife Commission|87-1-322. Calculation of available habitat

  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.   History: En. Sec. 2, Ch. 553, L. 2003.
MT Code § 87-1-323 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 3. Fish and Wildlife Commission|87-1-323. Viable elk, deer, and antelope populations based on habitat acreage -- reduction of populations as necessary

  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.   History: En. Sec. 3, Ch. 553, L. 2003.
MT Code § 87-1-324 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 3. Fish and Wildlife Commission|87-1-324. Sustainable elk, deer, and antelope populations program -- funding

  87-1-324. Sustainable elk, deer, and antelope populations program -- funding. The department shall use money from the fish and game fund, as described in 87-1-601(3), to implement 87-1-321 through 87-1-325.   History: En. Sec. 4, Ch. 553, L. 2003.
MT Code § 87-1-325 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 3. Fish and Wildlife Commission|87-1-325. Rulemaking

  87-1-325. (Temporary) Rulemaking. (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.   87-1-325. (Effective March 1, 2022) 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.   History: En. Sec. 5, Ch. 553, L. 2003; amd. Sec. 2, Ch. 486, L. 2021.
MT Code § 87-1-401 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 4. Director of Fish, Wildlife, and Parks|87-1-401. Director to carry out policies

  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.   History: En. 26-106.3 by Sec. 17, Ch. 417, L. 1977; R.C.M. 1947, 26-106.3; amd. Sec. 31, Ch. 235, L. 2013.
MT Code § 87-1-402 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 4. Director of Fish, Wildlife, and Parks|87-1-402. Oath of director

  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.   History: En. Sec. 11, Ch. 193, L. 1921; re-en. Sec. 3660, R.C.M. 1921; re-en. Sec. 3660, R.C.M. 1935; amd. Sec. 14, Ch. 177, L. 1965; R.C.M. 1947, 26-111(part); amd. Sec. 2837, Ch. 56, L. 2009.
MT Code § 87-1-403 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 1. Organization and Operation|Part 4. Director of Fish, Wildlife, and Parks|87-1-403. Regulation of employees by director

  87-1-403. Regulation of employees by director. (1) The director may suspend without pay, reduce in rank, or remove any employee at any time for cause, providing that any person who has been continuously employed for 1 year or more immediately preceding any suspension or discharge may demand and receive a hearing before the department on the charges filed.  (2) The director shall rate all employees on the basis of merit and efficiency in accordance with rules adopted by the department to secure a proper rating of each person employed. The department shall fix the salaries of employees. Travel expenses, as provided for in 2-18-501 through 2-18-503, are allowed employees on official business away from designated headquarters.   History: En. Sec. 8, Ch. 193, L. 1921; re-en. Sec. 3657, R.C.M. 1921; amd. Sec. 1, Ch. 150, L. 1955; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 4, Ch. 453, L. 1977; R.C.M. 1947, 26-108; amd. Sec. 4, Ch. 44, L. 1979; amd. Sec. 1, Ch. 56, L. 2021.