reglab/housing_qa huggingface dataset:
MT Code § 87-5-911 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 5. Wildlife Protection|Part 9. Montana Greater Sage-Grouse Stewardship Act|87-5-911. Compensatory mitigation -- findings

  87-5-911. Compensatory mitigation -- findings. (1) The legislature finds that allowing a project developer to provide compensatory mitigation for the debits of a project is consistent with the purpose of incentivizing voluntary conservation measures for sage grouse habitat and populations. The project developer may provide compensatory mitigation by:  (a) using the habitat quantification tool to calculate the debits attributable to the project; and   (b) under a mitigation plan approved by the oversight team, offsetting those debits in whole or in part by:   (i) purchasing an equal number of credits from a habitat exchange authorized by the United States fish and wildlife service or from the available credits tracked by the oversight team pursuant to 87-5-904. Payments received for credits tracked by the oversight team must be deposited in the sage grouse stewardship account established in 7-5-909.   (ii) if sufficient conservation credits are unavailable for purchase, making a financial contribution to the sage grouse stewardship account established in 7-5-909 that is equal to the average cost of the credits that would otherwise be required;   (iii) providing funds to establish a habitat exchange or finance a conservation project for the purpose of creating credits to offset debits. However, the funds may not be used to subsidize mitigation by or decrease the mitigation obligations of any party involved in the project.   (iv) undertaking other mitigation options identified and approved by the oversight team, including but not limited to sage grouse habitat enhancement, participation in a conservation bank, or funding stand-alone mitigation actions.   (2) All mitigation undertaken pursuant to this section must be taken in consideration of applicable United States fish and wildlife service sage grouse policies, state law, and any rules adopted pursuant to this part.   (3) A mitigation action taken under this section must be conducted within general habitat, core areas, or connectivity areas.   (4) A project developer may submit alternative locations for a project to compare the compensatory mitigation requirements of each and choose which alternative to develop based upon that information.   History: En. Sec. 9, Ch. 445, L. 2015; amd. Sec. 3, Ch. 311, L. 2017; amd. Sec. 5, Ch. 267, L. 2019; Sec. 76-22-111, MCA 2019; redes. 87-5-911 by Sec. 3, Ch. 326, L. 2021.
MT Code § 87-5-912 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 5. Wildlife Protection|Part 9. Montana Greater Sage-Grouse Stewardship Act|87-5-912. Leases and conservation easements

  87-5-912. Leases and conservation easements. A lease or conservation easement selected to receive funds pursuant to this part binds the parties involved to an agreement in which the state is a third-party beneficiary to the lease or easement with the contingent right to enforce the terms of the lease or easement if the grantee fails to do so. The agreement must provide that the lease or easement may not be transferred for value, sold, or extinguished without consent of the department. The state may take legal action to enforce the terms of the lease or easement or to recover from the proceeds of the transfer for value, sale, or extinguishment the state's pro rata share of the proceeds based on the funds the state provided pursuant to this part for the creation of the lease or easement.  History: En. Sec. 10, Ch. 445, L. 2015; Sec. 76-22-112, MCA 2019; redes. 87-5-912 by Sec. 3, Ch. 326, L. 2021.
MT Code § 87-5-913 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 5. Wildlife Protection|Part 9. Montana Greater Sage-Grouse Stewardship Act|87-5-913. Real property

  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.  History: En. Sec. 11, Ch. 445, L. 2015; Sec. 76-22-113, MCA 2019; redes. 87-5-913 by Sec. 3, Ch. 326, L. 2021.
MT Code § 87-5-914 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 5. Wildlife Protection|Part 9. Montana Greater Sage-Grouse Stewardship Act|87-5-914. Application to mineral estates

  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.  History: En. Sec. 12, Ch. 445, L. 2015; Sec. 76-22-114, MCA 2019; redes. 87-5-914 by Sec. 3, Ch. 326, L. 2021.
MT Code § 87-5-915 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 5. Wildlife Protection|Part 9. Montana Greater Sage-Grouse Stewardship Act|87-5-915. Existing land uses and activities exempt

  87-5-915. Existing land uses and activities exempt. (1) Existing land uses and activities are recognized and respected, and those uses and activities, including those authorized by permit but not yet conducted, that existed as of September 8, 2015, may not be managed under the stipulations of a sage grouse conservation strategy adopted by the governor through executive order or a policy, rule, or regulation adopted by the oversight team. Those existing land uses and activities may continue within an existing defined project boundary even if they exceed the stipulations of those documents. However, permitting agencies shall apply seasonal use restrictions, as necessary, for discretionary activities at existing land use sites.  (2) For the purposes of this section, the term:   (a) "defined project boundary" includes but is not limited to a right-of-way, easement corridor, recognized oil and gas unit, drilling and spacing unit, mine plan, and subdivision plat; and   (b) "existing land uses and activities" means those uses and activities that require a permit or other authorization from a state agency to be conducted and includes but is not limited to railroads, oil and gas, mining, agriculture, processing facilities, power lines, telecommunications facilities, including wire and fiber optic cable, housing, and operations and maintenance activities of existing energy systems that occur within a defined project boundary.   History: En. Sec. 1, Ch. 267, L. 2019; Sec. 76-22-115, MCA 2019; redes. 87-5-915 by Sec. 3, Ch. 326, L. 2021.
MT Code § 87-5-916 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 5. Wildlife Protection|Part 9. Montana Greater Sage-Grouse Stewardship Act|87-5-916. Compensatory mitigation reduction or waiver

  87-5-916. Compensatory mitigation reduction or waiver. (1) Except as provided in subsection (3), the oversight team shall consider on a case-by-case basis requests for a reduction in or waiver of compensatory mitigation based upon an assessment including but not limited to the following:  (a) a project that is located at least six-tenths of a mile from the center of an active lek but for which it is economically infeasible to be located more than 2 miles from the center of an active lek;   (b) the economic benefit to the local community and the project developer;   (c) whether the project is undertaken and completed outside of the sage grouse mating season; or   (d) whether the project involves one-time construction and does not require ongoing disturbance once completed, except for occasional routine maintenance of existing facilities.   (2) The oversight team shall provide a summary of the reasons why a reduction in or waiver of compensatory mitigation is approved or denied.   (3) Compensatory mitigation may be waived for opencut operations located outside of core areas and at least six-tenths of a mile from the center of an active lek if the permit pursuant to 82-4-431 is held by a county, city, or town in the state.   History: En. Sec. 2, Ch. 267, L. 2019; Sec. 76-22-116, MCA 2019; redes. 87-5-916 by Sec. 3, Ch. 326, L. 2021; amd. Sec. 1, Ch. 428, L. 2021.
MT Code § 87-5-917 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 5. Wildlife Protection|Part 9. Montana Greater Sage-Grouse Stewardship Act|87-5-917. Operations and maintenance exempt

  87-5-917. Operations and maintenance exempt. (1) Permitting and authorizing agencies and the oversight team shall cooperate to designate as exempt from the habitat quantification tool certain operations and maintenance activities that require a permit or other authorization from a state agency.  (2) Operations and maintenance activities that are exempt from the habitat quantification tool pursuant to subsection (1) may still be subject to stipulations of a sage grouse conservation strategy adopted by the governor through executive order or a policy, rule, or regulation adopted by the oversight team.   History: En. Sec. 3, Ch. 267, L. 2019; Sec. 76-22-117, MCA 2019; redes. 87-5-917 by Sec. 3, Ch. 326, L. 2021.
MT Code § 87-5-918 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 5. Wildlife Protection|Part 9. Montana Greater Sage-Grouse Stewardship Act|87-5-918. Reporting

  87-5-918. Reporting. (1) The oversight team shall report to the governor regularly and provide an annual report to the governor, the environmental quality council in accordance with 5-11-210, the board of land commissioners, and the county commissions in the counties where projects were funded pursuant to this part. The annual report must include information on activities undertaken pursuant to this part, including but not limited to:  (a) any appropriation, grant, gift, transfer, bequest, or donation received, including interest in real property;   (b) each grant awarded and the details of each grant's status and results; and   (c) any compensatory mitigation activities.   (2) The oversight team shall annually report to the environmental quality council in accordance with 5-11-210 the findings of its review of staffing needs to effectively implement this part, as well as the costs and benefits of doing so, conducted pursuant to 87-5-905(1)(j).   History: En. Sec. 13, Ch. 445, L. 2015; amd. Sec. 6, Ch. 267, L. 2019; amd. Sec. 106, Ch. 261, L. 2021; Sec. 76-22-118, MCA 2019; redes. 87-5-918 by Sec. 3, Ch. 326, L. 2021.
MT Code § 87-6-102 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 1. General Provisions|87-6-102. Designation of violations

  87-6-102. Designation of violations. A person who purposely, knowingly, or negligently violates a provision of this title or any other state law pertaining to fish and game is guilty of a misdemeanor unless a felony is expressly provided by law.   History: En. Sec. 2, Ch. 258, L. 2011.
MT Code § 87-6-103 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 1. General Provisions|87-6-103. Fish and game violation as inchoate offense

  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.   History: En. Sec. 3, Ch. 258, L. 2011.
MT Code § 87-6-104 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 1. General Provisions|87-6-104. Fish and game code not to supersede criminal code -- statute of limitations

  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.   History: En. Sec. 4, Ch. 258, L. 2011.
MT Code § 87-6-105 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 1. General Provisions|87-6-105. Repealed

  87-6-105. Repealed. Sec. 13, Ch. 281, L. 2021.  History: En. Sec. 5, Ch. 258, L. 2011.
MT Code § 87-6-106 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 1. General Provisions|87-6-106. Lawful taking to protect livestock or person -- findings

  87-6-106. Lawful taking to protect livestock or person -- findings. (1) The legislature finds that the grizzly bear population in the state is recovered and should be removed from the federal endangered species list. The legislature also finds that the expanded grizzly bear population is moving into private property and residential areas causing increased conflict with livestock owners and presenting a human safety concern. The legislature further finds that Montana citizens have a right to protect themselves and their property and livestock from wild animals. Therefore, this chapter may not be construed to impose, by implication or otherwise, criminal liability pursuant to Montana law for the taking of wildlife protected by this title if the wildlife is attacking, killing, or threatening to kill a person or livestock.  (2) A person may kill or attempt to kill a wolf or mountain lion that is in the act of attacking or killing a domestic dog.   (3) A person who, under this section, takes wildlife protected by this title shall notify the department within 72 hours and shall surrender or arrange to surrender the wildlife to the department.   (4) In accordance with the rights conferred on Montana citizens pursuant to Article II, sections 3 and 12, of the Montana constitution, the legislature finds the act of a grizzly bear attacking, killing, or threatening to kill a person or livestock is an absolute defense against a person who takes a grizzly bear in accordance with this section being charged with a crime under Montana law.   History: En. Sec. 6, Ch. 258, L. 2011; amd. Sec. 1, Ch. 485, L. 2021.
MT Code § 87-6-107 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 1. General Provisions|87-6-107. Unlawful harassment of game animals and game birds with vehicle or device

  87-6-107. Unlawful harassment of game animals and game birds with vehicle or device. (1) A person may not concentrate, drive, rally, stir up, run, molest, flush, herd, chase, harass, or impede the movement of or attempt to concentrate, drive, rally, stir up, run, molest, flush, herd, chase, harass, or impede the movement of a game animal or game bird from or with the use or aid of a self-propelled, motor-driven, or drawn vehicle or device. This section does not apply to landowners and their authorized agents engaged in the immediate protection of that landowner's property.  (2) The following penalties apply for a violation of this section:   (a) A person convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.   (b) A person convicted of or who forfeits bond or bail after being charged with a second or subsequent violation of this section within 5 years shall be fined not less than $500 or more than $1,000 or be imprisoned for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless the court imposes a longer period.   History: En. Sec. 15, Ch. 552, L. 2021.
MT Code § 87-6-201 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses|87-6-201. Violation of commission or department order or rule

  87-6-201. Violation of commission or department order or rule. A person who purposely, knowingly, or negligently violates an order or rule of the commission or department shall be fined not less than $50 or more than $500. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.   History: En. Sec. 7, Ch. 258, L. 2011.
MT Code § 87-6-203 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses|87-6-203. Unlawful taking, killing, trapping, labeling, or packaging of fur-bearing animal or pelt

  87-6-203. Unlawful taking, killing, trapping, labeling, or packaging of fur-bearing animal or pelt. (1) A person convicted of purposely, knowingly, or negligently taking, killing, trapping, labeling, or packaging a fur-bearing animal or the pelt of a fur-bearing animal in violation of any provision of this title shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.   (2) A person convicted of unlawful taking of more than double the legal bag limit of a fur-bearing animal may be subject to the additional penalties provided in 87-6-901 and 87-6-902.   (3) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 and 87-6-906.   History: En. Sec. 9, Ch. 258, L. 2011.
MT Code § 87-6-204 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses|87-6-204. Hunting or fishing during closed season

  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.   History: En. Sec. 10, Ch. 258, L. 2011.
MT Code § 87-6-205 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses|87-6-205. Waste of game animal, game bird, or game fish

  87-6-205. Waste of game animal, game bird, or game fish. (1) Except as provided in subsection (3), a person responsible for the death of any game animal, game bird, or game fish suitable for food may not purposely or knowingly waste the game by:  (a) detaching or removing only the head, hide, antlers, tusks, or teeth or any or all of these parts from the carcass of a game animal;   (b) transporting, hanging, or storing the carcass in a manner that renders it unfit for human consumption; or   (c) abandoning the carcass of a game animal or any portion of the carcass suitable for food in the field.   (2) A person in possession of a game animal or game animal parts, a game bird, or a game fish suitable for food may not purposely or knowingly waste the game by:   (a) transporting, storing, or hanging the animal, bird, or fish in a manner that renders it unfit for human consumption; or   (b) disposing of or abandoning any portion of the animal, bird, or fish that is suitable for food. For migratory birds, "suitable for food" means the breast meat.   (3) A person responsible for the death of a mountain lion, except as provided in 87-6-106, may not abandon the head or hide in the field.   (4) A person responsible for the death of a grizzly bear wastes the game if the person abandons the head or hide or any parts required by department or commission regulation for scientific purposes pursuant to 87-3-131.   (5) For the purposes of this section, the meat of a grizzly bear or a black bear that is found to be infected with trichinosis is not considered to be suitable for food.   (6) A person convicted of a violation of this section may be fined not less than $50 or more than $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall:   (a) forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period; and   (b) pay restitution pursuant to 87-6-905 through 87-6-907.   (7) A person convicted of waste of game by abandonment in the field may be subject to the additional penalties provided in 87-6-901.   (8) Regulations adopted pursuant to this section for game birds may not be more restrictive than comparable federal regulations, except as provided in subsection (2)(b).   History: En. Sec. 11, Ch. 258, L. 2011; amd. Sec. 124, Ch. 258, L. 2011; amd. Sec. 1, Ch. 496, L. 2021.
MT Code § 87-6-209 (2021)
2021 Montana Code Annotated|Title 87. Fish and Wildlife|Chapter 6. Fish and Wildlife Criminal Provisions|Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses|87-6-209. through 87-6-213 reserved

  87-6-209 through 87-6-213 reserved.