reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-708. Classification review committee -- composition, appointment, and duties

87-5-708. Classification review committee -- composition, appointment, and duties.
(1) The director shall appoint a classification review committee whose duty is to advise the commission regarding the importation, possession, and sale of exotic wildlife, including recommendations on animals to be placed on the noncontrolled, controlled, or prohibited exotic wildlife list.
(2) The classification review committee is composed of at least one representative from:
(a) the department;
(b) the department of public health and human services;
(c) the department of livestock;
(d) the department of agriculture;
(e) a business that breeds or exhibits exotic wildlife; and
(f) the general public who has an interest in fish or wildlife.
(3) Members of the classification review committee are not entitled to compensation or travel expenses as provided in 2-15-122.
History: En. Sec. 4, Ch. 536, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-709. Exceptions and exemptions to possession and sale of exotic wildlife

87-5-709. Exceptions and exemptions to possession and sale of exotic wildlife.
(1) Sections 87-5-705 through 87-5-708 and this section do not apply to:
(a) institutions that have established that their proposed facilities are adequate to provide secure confinement of wildlife, including:
(i) an accredited zoological garden or wildlife sanctuary chartered by the state as a nonprofit corporation;
(ii) a roadside menagerie permitted under 87-4-803 that was established for the purpose of exhibition or attracting trade;
(iii) a research facility for testing and science that employs individuals licensed under 37-34-301 or that submits evidence to the department that it meets animal testing standards as provided by the national institutes of health, the national science foundation, the centers for disease control and prevention, the United States department of agriculture, or another similar nationally recognized and approved testing standard; or
(b) domestic animals.
(2) Authorization for possession must be provided by the department for exotic wildlife possessed as of January 1, 2004, and the authorization may include any conditions and restrictions necessary to minimize risks.
History: En. Sec. 5, Ch. 536, L. 2003; amd. Sec. 3, Ch. 281, L. 2005; amd. Sec. 6, Ch. 211, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-711. Control of importation for introduction and transplantation or introduction of wildlife

87-5-711. Control of importation for introduction and transplantation or introduction of wildlife.
(1) Except as otherwise provided, the importation for introduction or the transplantation or introduction of any wildlife is prohibited unless the commission determines, based upon scientific investigation and after public hearing, that a species of wildlife poses no threat of harm to native wildlife and plants or to agricultural production and that the transplantation or introduction of a species has significant public benefits.
(2) With regard to the transplantation or introduction of a fish species not previously legally transplanted to a specific water body within the state or not previously legally introduced to the state, the requirement for scientific investigation in subsection (1) may be satisfied only by completion of an environmental review conforming to the provisions of Title 75, chapter 1, part 2.
History: En. Sec. 4, Ch. 624, L. 1985; amd. Sec. 1, Ch. 501, L. 1991.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-712. Authority for commission to control importation, possession, or sale of certain wildlife species and exotic wildlife

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.
History: En. Sec. 7, Ch. 624, L. 1985; amd. Sec. 9, Ch. 536, L. 2003; amd. Sec. 4, Ch. 281, L. 2005.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-713. Control of wildlife species permitted to be transplanted or introduced

87-5-713. Control of wildlife species permitted to be transplanted or introduced.
Any wildlife species listed in 87-5-714 or approved by the commission for introduction or transplantation may be introduced or transplanted only subject to a plan developed by the department to assure that the population can be controlled if any unforeseen harm should occur.
History: En. Sec. 5, Ch. 624, L. 1985.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-714. Wildlife species authorized for introduction or transplantation

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).
History: En. Sec. 9, Ch. 624, L. 1985; amd. Sec. 45, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-715. Extermination or control of transplanted or introduced wildlife or feral species posing threat

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.
History: En. Sec. 6, Ch. 624, L. 1985; amd. Sec. 12, Ch. 376, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-716. Consultation with departments of agriculture, public health and human services, and livestock

87-5-716. Consultation with departments of agriculture, public health and human services, and livestock.
The commission and the department shall consult with the departments of agriculture, public health and human services, and livestock in all matters relating to the control of wildlife species and exotic wildlife that may have a harmful effect on agricultural production or livestock operations in the state or that may pose a risk to human health or safety.
History: En. Sec. 8, Ch. 624, L. 1985; amd. Sec. 10, Ch. 536, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-725. Notification of transplantation or introduction of wildlife

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.
History: En. Sec. 1, Ch. 119, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 8. Montana Wildlife Habitat Improvement Act › 87-5-801. Short title

87-5-801. Short title.
This part may be cited as the "Kelly Flynn Montana Wildlife Habitat Improvement Act".
History: En. Sec. 1, Ch. 342, L. 2017; amd. Sec. 1, Ch. 64, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 8. Montana Wildlife Habitat Improvement Act › 87-5-802. Definitions

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) "Native plant" means a plant indigenous to the state of Montana.
(4) "Noxious weed" means a weed defined in 7-22-2101.
(5) "Noxious weed management" means an integrated weed management program for the containment, suppression, and, where possible, eradication of noxious weeds. The term includes a long-term management approach toward noxious weeds that includes but is not limited to hand-pulling, cultivation, herbicide application, mechanical or biological control, prescribed grazing or burning, prevention, and revegetation.
History: En. Sec. 2, Ch. 342, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 8. Montana Wildlife Habitat Improvement Act › 87-5-803. Wildlife habitat improvement advisory council -- duties -- members

87-5-803. Wildlife habitat improvement advisory council -- duties -- members.
(1) There is a wildlife habitat improvement advisory council appointed by the director that ranks projects pursuant to 87-5-804 and advises the department on the administration of this part, including making recommendations on additional weed and soil treatment options and methods that are eligible for funding under this part. The council consists of the following voting members:
(a) the director of the department or a representative of the department;
(b) a representative of a hunting organization in Montana;
(c) a representative of a multiple-use recreation organization in Montana;
(d) a representative of the timber industry in Montana;
(e) a livestock producer or a representative of a livestock producer organization in Montana;
(f) a farmer or a representative of a farming organization in Montana;
(g) a commercial applicator as defined in 80-8-102;
(h) a representative of biological research and control interests;
(i) a representative of the Montana weed control association; and
(j) two county representatives, one each from the western and eastern parts of the state, who may include a county commissioner, district weed board member, or weed district supervisor.
(2) Nonvoting members of the council include:
(a) the state weed coordinator; and
(b) one representative each from:
(i) the United States bureau of land management;
(ii) the United States forest service;
(iii) the United States bureau of reclamation;
(iv) the United States fish and wildlife service;
(v) the Montana department of natural resources and conservation; and
(vi) an Indian tribe as defined in 2-15-141.
History: En. Sec. 3, Ch. 342, L. 2017; amd. Sec. 2, Ch. 64, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 8. Montana Wildlife Habitat Improvement Act › 87-5-804. Wildlife habitat improvement projects -- requirements -- ranking

87-5-804. Wildlife habitat improvement projects -- requirements -- ranking.
(1) Project proposals must:
(a) address how projects would restore, rehabilitate, improve, or manage land as wildlife habitat through noxious weed management;
(b) include a plan to remove noxious weeds or prevent them from propagating or taking hold in the project area;
(c) include a commitment to match at least 25% of a grant in cash, goods, or services; and
(d) include measurable objectives and a monitoring plan to allow the department to analyze how noxious weed management is restoring, rehabilitating, improving, or managing land as wildlife habitat.
(2) The council shall rank wildlife habitat improvement project proposals according to rules adopted by the department pursuant to 87-5-808 and make funding recommendations to the department.
(3) In ranking the proposals, the council shall give preference to projects in wildlife habitat that include:
(a) access for public hunting;
(b) multiple partners and landowners; and
(c) a commitment to match at least 25% of the final grant in cash.
(4) Additional preference must be given to a project that proposes to:
(a) address the primary spread of noxious weeds to adjacent areas of wildlife habitat with native plants;
(b) include a significant portion of ecologically important wildlife habitat that is in need of restoration;
(c) include a significant portion of a watershed; or
(d) maintain native plants after project completion.
History: En. Sec. 4, Ch. 342, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 8. Montana Wildlife Habitat Improvement Act › 87-5-805. Account -- deposits

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.
History: En. Sec. 5, Ch. 342, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 8. Montana Wildlife Habitat Improvement Act › 87-5-806. Administration and expenditure of funds -- cooperation with other entities

87-5-806. Administration and expenditure of funds -- cooperation with other entities.
(1) (a) The department may expend funds deposited pursuant to 87-5-805 through grants or contracts to communities, noxious weed management districts, conservation districts, nonprofit organizations exempt from taxation under 26 U.S.C. 501(c)(3), or other entities that it considers appropriate for wildlife habitat improvement projects.
(b) The department shall consider project recommendations from the council.
(c) The department may cooperate in and coordinate the planning and disbursement of these funds with federal, state, and local agencies responsible for the management of noxious weeds.
(2) A project is eligible to receive funds only if the county in which the project occurs has funded its own weed management program using one of the following methods, whichever is less:
(a) levying an amount of not less than 1.6 mills or an equivalent amount from another source; or
(b) appropriating an amount of not less than $100,000 from any source.
(3) The department may expend money deposited pursuant to 87-5-805 to:
(a) restore, rehabilitate, improve, or manage areas of land as wildlife habitat by controlling noxious weeds;
(b) acquire goods and services that will help control noxious weeds in order to restore, rehabilitate, improve, or manage land as wildlife habitat;
(c) fund cost-share noxious weed management programs with local noxious weed management districts; or
(d) provide special grants to local noxious weed management districts to eradicate or contain significant noxious weeds newly introduced into the county that affect wildlife habitat.
(4) Expenditures allowed pursuant to subsection (3) are limited to:
(a) biological or mechanical control of noxious weeds;
(b) purchases and application of approved herbicides;
(c) seed purchases and application of seed;
(d) grazing costs as a component of an overall integrated noxious weed management plan;
(e) other weed and soil treatment options and methods recommended by the council to reduce noxious weeds and support native vegetation; and
(f) grant administration, vegetation monitoring, and related administrative costs not to exceed 10% of a total project amount.
(5) The department may expend the funds deposited pursuant to 87-5-805 to pay costs incurred by the department for administering this part and providing support to the council, including but not limited to personal services costs, operating costs, and other administrative costs. After fiscal year 2019, administrative costs may not exceed 15% of the total amount expended pursuant to subsection (3).
History: En. Sec. 6, Ch. 342, L. 2017; amd. Sec. 3, Ch. 64, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 8. Montana Wildlife Habitat Improvement Act › 87-5-807. Reporting -- evaluations

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.
History: En. Sec. 7, Ch. 342, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 8. Montana Wildlife Habitat Improvement Act › 87-5-808. Rulemaking authority

87-5-808. Rulemaking authority.
The department shall adopt rules to implement this part, including a scoring system for ranking projects proposed to the council.
History: En. Sec. 8, Ch. 342, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 9. Montana Greater Sage-Grouse Stewardship Act › 87-5-901. Short title

87-5-901. Short title.
This part may be cited as the "Montana Greater Sage-Grouse Stewardship Act".
History: En. Sec. 2, Ch. 445, L. 2015; Sec. 76-22-101, MCA 2019; redes. 87-5-901 by Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 9. Montana Greater Sage-Grouse Stewardship Act › 87-5-902. Legislative findings and purpose

87-5-902. Legislative findings and purpose.
(1) The legislature finds that it is in the best interests of Montana's economy, the economic stability of school trust lands, and sage grouse conservation and management to enact the Montana Greater Sage-Grouse Stewardship Act.
(2) The purpose of this act is to provide competitive grant funding and establish ongoing free-market mechanisms for voluntary, incentive-based conservation measures that emphasize maintaining, enhancing, restoring, expanding, and benefiting sage grouse habitat and populations on private lands, and public lands as needed, that lie within core areas, general habitat, or connectivity areas.
History: En. Sec. 3, Ch. 445, L. 2015; Sec. 76-22-102, MCA 2019; redes. 87-5-902 by Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 9. Montana Greater Sage-Grouse Stewardship Act › 87-5-903. Definitions

87-5-903. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Connectivity area" means an area that provides an important linkage among populations of sage grouse, particularly between core areas or priority populations in adjacent states and across international borders.
(2) "Conservation bank" means a site or group of sites established through an agreement with the United States fish and wildlife service to provide ecological functions and services expressed as credits that are conserved and managed for sage grouse habitat and populations and used to offset debits occurring elsewhere.
(3) "Core area" means an area that has the highest conservation value for sage grouse and has the greatest number of displaying male sage grouse and associated sage grouse habitat.
(4) "Credit" means a defined unit of trade representing the accrual or attainment of resource functions or value at a proposed project site.
(5) "Debit" means a defined unit of trade representing the loss of resource functions or value at an impact or project site. The unit of measure is the same as that for a credit within a specific mitigation system.
(6) "Department" means the department of natural resources and conservation.
(7) "General habitat" means an area providing habitat for sage grouse but not identified as a core area or connectivity area.
(8) "Habitat exchange" means a market-based system that facilitates the exchange of credits and debits between interested parties.
(9) "Habitat quantification tool" means the scientific method used to evaluate vegetation and environmental conditions related to the quality and quantity of sage grouse habitat and to quantify and calculate the value of credits and debits.
(10) "Oversight team" means the Montana sage grouse oversight team established in 2-15-243.
(11) "Project developer" means an entity proposing an action that will result in a debit.
(12) "Sage grouse" means the greater sage-grouse (Centrocercus urophasianus).
History: En. Sec. 4, Ch. 445, L. 2015; Sec. 76-22-103, MCA 2019; redes. 87-5-903 by Sec. 3, Ch. 326, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 9. Montana Greater Sage-Grouse Stewardship Act › 87-5-904. Montana sage grouse oversight team -- rulemaking

87-5-904. Montana sage grouse oversight team -- rulemaking.
The oversight team shall adopt rules to administer the provisions of this part, including:
(1) eligibility and evaluation criteria for grants distributed pursuant to 87-5-910 for projects that maintain, enhance, restore, expand, or benefit sage grouse habitat and populations, including but not limited to requirements for matching funds and in-kind contributions and consideration of the socioeconomic impacts of a proposed project on the local community. The evaluation criteria must give greater priority to proposed projects that:
(a) involve partnerships between public and private entities;
(b) provide matching funds;
(c) use the habitat quantification tool adopted pursuant to subsection (2); and
(d) maximize the amount of credits generated per dollars of funds awarded.
(2) the designation of a habitat quantification tool in consideration of applicable United States fish and wildlife service sage grouse policies, state law, and any rules adopted pursuant to this part;
(3) subject to the provisions of 87-5-905(2), a method to track and maintain the number of credits attributable to projects funded pursuant to this part that are available to a project developer to purchase for compensatory mitigation to offset debits under 87-5-911;
(4) methods of compensatory mitigation available under 87-5-911;
(5) review and monitoring of projects funded pursuant to this part;
(6) criteria for the acceptance or rejection of grants, gifts, transfers, bequests, and donations, including interests in real or personal property; and
(7) guidance on management options for any real property conveyed to the state under this part, including its sale or lease.
History: En. Sec. 5, Ch. 445, L. 2015; amd. Sec. 1, Ch. 311, L. 2017; Sec. 76-22-104, MCA 2019; redes. 87-5-904 by Sec. 3, Ch. 326, L. 2021.
2023 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 87-5-909.
(ii) if sufficient conservation credits are unavailable for purchase, making a financial contribution to the sage grouse stewardship account established in 87-5-909 that is equal to the average cost of the credits that would otherwise be required;
(iii) providing funds to establish a habitat exchange or finance a conservation project for the purpose of creating credits to offset debits. However, the funds may not be used to subsidize mitigation by or decrease the mitigation obligations of any party involved in the project.
(iv) undertaking other mitigation options identified and approved by the oversight team, including but not limited to sage grouse habitat enhancement, participation in a conservation bank, or funding stand-alone mitigation actions.
(2) All mitigation undertaken pursuant to this section must be taken in consideration of applicable United States fish and wildlife service sage grouse policies, state law, and any rules adopted pursuant to this part.
(3) A mitigation action taken under this section must be conducted within general habitat, core areas, or connectivity areas.
(4) A project developer may submit alternative locations for a project to compare the compensatory mitigation requirements of each and choose which alternative to develop based upon that information.
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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) A person may kill or attempt to kill a wolf or mountain lion that is in the act of attacking or killing a domestic dog.
(2) A person who, under this section, takes wildlife protected by this title shall notify the department within 72 hours and shall surrender or arrange to surrender the wildlife to the department.
(3) In accordance with the rights conferred on Montana citizens pursuant to Article II, sections 3 and 12, of the Montana constitution, the legislature finds the act of a grizzly bear attacking or killing a person is an absolute defense against a person who takes a grizzly bear in accordance with this section being charged with a crime under Montana law. Grizzly bears threatening, attacking, or killing livestock may only be taken as provided in 87-5-301.
(4) When a grizzly bear poses a threat to a person through consistent presence or proximity to people or inhabited dwellings, the person may contact the department. If, on investigation, the department finds the grizzly bear is a threat, the department may control, trap, or remove the grizzly bear or issue a permit to the person to kill the grizzly bear to mitigate the threat to human safety.
(5) As used in this section, "livestock" means cattle, swine, horses, mules, sheep, goats, llamas, donkeys, and livestock guard dogs.
History: En. Sec. 6, Ch. 258, L. 2011; amd. Sec. 1, Ch. 485, L. 2021; amd. Sec. 2, Ch. 670, L. 2023.
2023 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, including aircraft. This section does not apply to landowners and their authorized agents engaged in the immediate protection of that landowner's property.
(2) The following penalties apply for a violation of this section:
(a) A person convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(b) A person convicted of or who forfeits bond or bail after being charged with a second or subsequent violation of this section within 5 years shall be fined not less than $500 or more than $1,000 or be imprisoned for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless the court imposes a longer period.
History: En. Sec. 15, Ch. 552, L. 2021; amd. Sec. 2, Ch. 317, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.