reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-271. Annual lottery of hunting licenses -- proceeds dedicated to hunting access

87-1-271. Annual lottery of hunting licenses -- proceeds dedicated to hunting access.
(1) The commission may issue through a lottery one license each year for each of the following:
(a) deer;
(b) elk;
(c) shiras moose;
(d) mountain sheep;
(e) mountain goat;
(f) wild buffalo or bison;
(g) antelope; and
(h) mountain lion.
(2) The restriction in 87-2-702(4) that a person who receives a moose, mountain goat, or mountain sheep special license is not eligible to receive another license for that species for the next 7 years does not apply to a person who receives a license through a lottery conducted pursuant to this section.
(3) The commission shall establish rules regarding:
(a) the conduct of the lottery authorized in this section;
(b) the use of licenses issued through the lottery; and
(c) the price of lottery tickets.
(4) Except as provided in 87-2-903, all proceeds from a lottery conducted pursuant to this section must be used by the department for hunting access programs and law enforcement.
History: En. Sec. 1, Ch. 471, L. 2005; amd. Sec. 1, Ch. 63, L. 2007; amd. Sec. 1, Ch. 298, L. 2011; amd. Sec. 8, Ch. 63, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-273. Future fisheries review panel -- purpose -- appointment and duties

87-1-273. Future fisheries review panel -- purpose -- appointment and duties.
(1) The governor or governor's designee shall call for nominees for, accept and review recommendations for, and appoint a future fisheries review panel. The panel must consist of at least 13 members, including but not limited to:
(a) one member who is a representative of conservation districts;
(b) one member with expertise in commercial agriculture;
(c) one member with expertise in irrigated agriculture;
(d) one member from the private sector who is a fisheries restoration professional;
(e) two members who are licensed Montana anglers;
(f) one member of the house of representatives, chosen by the speaker of the house;
(g) one member of the senate, chosen by the committee on committees;
(h) one member with expertise in silviculture;
(i) one member who is a Montana high school student;
(j) one member with expertise in mining reclamation techniques;
(k) one member with expertise in fisheries; and
(l) one ex officio member from the Montana department of transportation who has experience in highway impacts mitigation.
(2) A member appointed to the review panel shall serve a 2-year term and may be reappointed.
(3) The purpose of the review panel is to:
(a) review, at least every 6 months, proposed projects that have been submitted by public or private entities for funding;
(b) determine what projects are eligible for inclusion in the future fisheries improvement program;
(c) approve or reject proposed projects; and
(d) forward a list of approved projects to the department.
(4) To be eligible for funding, a project must be generated at the local level and must be developed and presented to the review panel by the department, local landowners, conservation districts, or other interested citizens. Before consideration of any project that involves streambed or streambank restoration, a change in the use of water, or any other purpose that affects a particular property owner's interest in land or water, the review panel is required to find that the project is being proposed for funding with the voluntary approval of the participating property owner.
History: En. Sec. 2, Ch. 463, L. 1995; amd. Sec. 4, Ch. 529, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-274. Emergency instream flows -- funding

87-1-274. Emergency instream flows -- funding.
(1) The legislature recognizes the propriety of establishing voluntary leases or other authorized water augmentation measures for instream flows so that mechanisms will be in place to maintain streamflows sufficient for fisheries and aquatic resources during emergency low-flow conditions.
(2) Funding for voluntary leases and other water augmentation measures authorized under subsection (1) may come from any uncommitted funds allocated to the state under the U.S. fish and wildlife service state wildlife grant program or other available federal funds, matched by the department with up to $500,000 from the future fisheries improvement program provided for in 87-1-272, from the native Montana fish species enhancement program provided for in 87-1-283, from the river restoration program provided for in 87-1-257, from a combination of funds from these programs, or from any other department funds available for voluntary leases or other water augmentation measures.
(3) All leasing or other authorized water augmentation measures for instream flow must comply with all requirements provided in Title 85, chapter 2, parts 3 and 4.
History: En. Sec. 1, Ch. 84, L. 2005; amd. Sec. 2, Ch. 299, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-275. Annual lottery of hunting licenses -- residents only

87-1-275. (Effective March 1, 2024) Annual lottery of hunting licenses -- residents only.
(1) For each deer or elk general license purchased by a resident, as defined in 87-2-102, the department shall award the resident one free chance in the lottery established by this section.
(2) The commission may issue one license each license year for one of the following:
(a) shiras moose;
(b) mountain sheep; or
(c) mountain goat.
(3) (a) The restriction in 87-2-702(4) that a person who receives a moose, mountain goat, or mountain sheep special license is not eligible to receive another license for that species for the next 7 years does not apply to a person who receives a license through a lottery conducted pursuant to this section.
(b) Residents participating in the lottery pursuant to this section may also participate in the lottery established in 87-1-271.
(4) The commission shall establish rules regarding:
(a) the conduct of the lottery authorized in this section;
(b) the use of licenses issued through the lottery; and
(c) the rotation between the three species each year.
History: En. Sec. 1, Ch. 267, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-276. Purpose

87-1-276. Purpose.
The purpose of 87-1-277 through 87-1-279 and this section is to create a continuing program and mechanism to provide funding, through the department, to private shooting clubs, private organizations, local governments, and school districts for the establishment and improvement of a system of shooting ranges throughout Montana.
History: En. Sec. 1, Ch. 475, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-277. Shooting range development grants

87-1-277. Shooting range development grants.
A private shooting club, private organization, unit of local government, or school district may seek a grant for a shooting range development project.
History: En. Sec. 2, Ch. 475, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-279. Program rules

87-1-279. Program rules.
(1) The department may not use more than 15% of the program funds for administration.
(2) The department shall develop a simple application procedure and accountability system.
(3) The department shall make every effort to expend or obligate funds for shooting range improvement grants within the year for which they are appropriated.
(4) The department shall prioritize grant applications according to those that provide facilities for the greatest number of shooters, that accommodate the use of a combination of hunting arms, and that meet other criteria established by the department.
(5) The department may not grant more than 30% of the eligible funds for the establishment or improvement of any single facility in any year.
(6) The department shall promote the use of publicly owned land for shooting range facilities. The department may negotiate with federal, state, and local agencies to encourage land trades, shared or specific use designations, and other mechanisms to provide land for shooting range facilities.
History: En. Sec. 4, Ch. 475, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-283. Native Montana fish species enhancement program

87-1-283. Native Montana fish species enhancement program.
(1) In order to enhance populations of native Montana fish species through habitat restoration, reductions in species competition, and natural reproduction, the department shall, through its future fisheries improvement program, restore habitats and spawning areas and reduce species competition in rivers, lakes, and streams for Montana's native fish species.
(2) In order to implement this section, the department may expend revenue from the native Montana fish species enhancement program for one additional full-time employee and one contractor to assist the review panel.
(3) The department shall also work with the department of transportation to implement enhancement of native Montana fish species by providing annual updates to the state transportation improvement program regarding possible additions to projects that will benefit the enhancement effort. State transportation improvement plan funds expended for native Montana fish species must be accounted for separately and reported annually.
History: En. Sec. 1, Ch. 529, L. 1999; amd. Sec. 1, Ch. 299, L. 2013.
2023 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.
2023 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.
2023 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. 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.
2023 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.
2023 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 may 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) 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; amd. Sec. 1, Ch. 265, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 3. Fish and Wildlife Commission › 87-1-325. Rulemaking -- discounted antlerless elk B tag licenses

87-1-325. Rulemaking -- discounted antlerless elk B tag licenses.
(1) The department and the commission shall adjust existing wildlife management rules and plans to implement 87-1-321 through 87-1-325.
(2) The department and the commission may adopt rules for determining sustainability. The commission shall consider average carrying capacity and use generally accepted animal unit factors for each species in each commission region.
(3) Any rules adopted by the department pursuant to subsection (2) must be adopted in a timely manner.
(4) The commission may offer for sale at one-half the cost of a regularly priced license Class A-9 resident antlerless elk B tag licenses and Class B-12 nonresident antlerless elk B tag licenses to be used as prescribed by the commission on private lands in hunting districts where the elk population is above the sustainable population number established pursuant to 87-1-323 as determined by the department's most recent elk survey count.
History: En. Sec. 5, Ch. 553, L. 2003; amd. Sec. 2, Ch. 486, L. 2021.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 4. Director of Fish, Wildlife, and Parks › 87-1-404. Appointment of deputy director and wardens

87-1-404. Appointment of deputy director and wardens.
The director shall have the power to employ and appoint a deputy director and a sufficient number of wardens for the proper enforcement of the fish and game laws of the state and the orders, rules, and regulations of the department and for such other purposes as the director may designate.
History: En. Sec. 7, Ch. 193, L. 1921; re-en. Sec. 3656, R.C.M. 1921; amd. Sec. 4, Ch. 192, L. 1925; amd. Sec. 3, Ch. 59, L. 1927; re-en. Sec. 3656, R.C.M. 1935; amd. Sec. 1, Ch. 158, L. 1941; amd. Sec. 1, Ch. 121, L. 1947; amd. Sec. 1, Ch. 58, L. 1951; amd. Sec. 1, Ch. 78, L. 1955; amd. Sec. 1, Ch. 77, L. 1957; amd. Sec. 5, Ch. 417, L. 1977; R.C.M. 1947, 26-107(part).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 4. Director of Fish, Wildlife, and Parks › 87-1-405. Publication of laws

87-1-405. Publication of laws.
As soon as practicable after the adjournment of each session of the legislature, the director in cooperation with the attorney general shall make a compilation of the laws relating to fish, game, game birds, and animals in force at the date of the compilation and properly index them. Copies of the compilation, sufficient in number for the purposes of this section, shall be printed in pamphlet form, pocket size. The director shall distribute to justices of the peace, wardens, and other officers and persons empowered to issue licenses for hunting, fishing, and trapping a supply of the compilation sufficient to permit one copy to be given anyone desiring a copy. The expense incurred in printing the laws shall be paid out of fish and game moneys in the state special revenue fund.
History: En. Sec. 25, Ch. 193, L. 1921; re-en. Sec. 3674, R.C.M. 1921; re-en. Sec. 3674, R.C.M. 1935; amd. Sec. 20, Ch. 511, L. 1973; R.C.M. 1947, 26-125; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-501. Selection and oath of wardens

87-1-501. Selection and oath of wardens.
(1) Wardens must be selected from applicants who have passed an examination that may be required according to the rules adopted and promulgated by the department. A person may not be appointed as a warden until a certificate has been issued to the person by the department to the effect that the person has passed the required examination and is a fit and proper person to perform the duties of the office.
(2) Before entering upon their official duties, state fish and game wardens shall take and subscribe the constitutional oath of office and shall in addition swear or affirm that they hold no other position or office or any position under any political committee or party. The oath or affirmation must be filed in the office of the secretary of state.
History: Ap. p. Sec. 7, Ch. 193, L. 1921; re-en. Sec. 3656, R.C.M. 1921; amd. Sec. 4, Ch. 192, L. 1925; amd. Sec. 3, Ch. 59, L. 1927; re-en. Sec. 3656, R.C.M. 1935; amd. Sec. 1, Ch. 158, L. 1941; amd. Sec. 1, Ch. 121, L. 1947; amd. Sec. 1, Ch. 58, L. 1951; amd. Sec. 1, Ch. 78, L. 1955; amd. Sec. 1, Ch. 77, L. 1957; amd. Sec. 5, Ch. 417, L. 1977; Sec. 26-107, R.C.M. 1947; Ap. p. 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; Sec. 26-111, R.C.M. 1947; R.C.M. 1947, 26-107(part), 26-111(part); amd. Sec. 2838, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-502. Qualifications, powers, and duties

87-1-502. Qualifications, powers, and duties.
(1) Wardens must be qualified by their experience, training, and skill in protection, conservation, and propagation of wildlife, game, fur-bearing animals, fish, and game birds and interested in this work. They shall devote all of their time for which they are appointed to their official duties.
(2) They shall enforce the laws of this state and the rules of the department with reference to the protection, preservation, and propagation of game and fur-bearing animals, fish, and game birds.
(3) They shall see that persons who hunt, fish, or take game or fur-bearing animals, game birds, or fish and that those persons who make recreational use of state lands, as defined in 77-1-101, for hunting and fishing, have the necessary licenses.
(4) They shall assist in the protection, conservation, and propagation of fish, game, fur-bearing animals, and game and nongame birds and assist in the planting, distributing, feeding, and care of fish, game, fur-bearing animals, and game and nongame birds. They shall, when ordered by the department, assist in the destruction of predatory animals, birds, and rodents. They shall perform all other duties prescribed by the department and make a monthly report to the department correctly informing the department of their activities on each day of the preceding month with regard to the enforcement of the fish and game laws, showing where their duties called them and what they did. The reports must contain any pertinent recommendations the wardens may see fit to make.
(5) A warden may not compromise or settle violations of fish and game laws out of court.
(6) A warden has the authority to inspect any and all fish, game and nongame birds, waterfowl, game animals, and fur-bearing animals at reasonable times and at any location other than a residence or dwelling. Upon request therefor, all persons having in their possession any fish, game and nongame birds, waterfowl, game animals, and fur-bearing animals shall exhibit the same and all thereof to the warden for such inspection.
(7) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101. Authorized officers of the department are granted peace officer status with the power:
(a) of search, seizure, and arrest;
(b) to investigate activities in this state regulated by this title and rules of the department and the commission; and
(c) to report violations to the county attorney of the county in which they occur.
History: En. Sec. 10, Ch. 193, L. 1921; re-en. Sec. 3659, R.C.M. 1921; amd. Sec. 5, Ch. 192, L. 1925; amd. Sec. 12, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-110; amd. Sec. 8, Ch. 609, L. 1991; amd. Sec. 11, Ch. 662, L. 1991.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-503. Ex officio wardens

87-1-503. Ex officio wardens.
(1) The following are ex officio wardens:
(a) all sheriffs and their deputies;
(b) all constables;
(c) all peace officers of the state or any subdivision of the state;
(d) the executive director and investigators of the board of outfitters;
(e) all state forest officers;
(f) as authorized by cooperative agreement, any officers of the United States forest service, agents of the United States fish and wildlife service, and peace officers of the bureau of land management, national park service, and corps of engineers that are assigned to duty in this state;
(g) as authorized by cooperative agreement, tribal fish and game wardens;
(h) former fish and game wardens; and
(i) field personnel of the department as may be appointed by the director.
(2) Ex officio wardens serve without pay, except that the department may, in its discretion, allow travel expenses as provided for in 2-18-501 through 2-18-503. If allowed, travel expenses must be paid upon proper vouchers from the state fish and game funds.
(3) Ex officio wardens have the same powers with reference to the enforcement of the fish and game laws of this state and the laws relating to parks and outdoor recreation contained in Title 23, chapters 1 and 2, except chapter 2, part 7, as regularly appointed wardens, and it is their duty to assist, whenever possible, in the enforcement of those laws.
History: En. Sec. 14, Ch. 193, L. 1921; re-en. Sec. 3663, R.C.M. 1921; re-en. Sec. 3663, R.C.M. 1935; amd. Sec. 1, Ch. 115, L. 1955; amd. Sec. 1, Ch. 236, L. 1965; amd. Sec. 13, Ch. 439, L. 1975; amd. Sec. 6, Ch. 417, L. 1977; R.C.M. 1947, 26-114; amd. Sec. 12, Ch. 662, L. 1991; amd. Sec. 1, Ch. 187, L. 1993; amd. Sec. 21, Ch. 328, L. 1995; amd. Sec. 3, Ch. 417, L. 1995; amd. Sec. 1, Ch. 32, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-504. Protection of private property -- duty of wardens

87-1-504. Protection of private property -- duty of wardens.
It is the duty of wardens to enforce and wardens have the power of peace officers in the enforcement of the provisions of 45-6-101, 45-6-203, 75-10-212(2), 77-1-801, 77-1-806, and rules adopted under 77-1-804 on private and state lands.
History: En. Sec. 1, Ch. 85, L. 1969; amd. Sec. 35, Ch. 513, L. 1973; R.C.M. 1947, 26-110.1; amd. Sec. 2, Ch. 599, L. 1985; amd. Sec. 9, Ch. 609, L. 1991; amd. Sec. 83, Ch. 10, L. 1993; amd. Sec. 119, Ch. 2, L. 2009; amd. Sec. 5, Ch. 552, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-505. Repealed

87-1-505. Repealed.
Sec. 25, Ch. 552, L. 2021.
History: En. Sec. 2, Ch. 85, L. 1969; amd. Sec. 36, Ch. 513, L. 1973; R.C.M. 1947, 26-110.2; amd. Sec. 120, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-506. Enforcement powers of wardens

87-1-506. Enforcement powers of wardens.
(1) A warden may:
(a) serve a subpoena issued by a court for the trial of a violator of the fish and game laws;
(b) conduct a search, with a search warrant, in accordance with Title 46, chapter 5;
(c) seize game, fish, game birds, and fur-bearing animals and any parts of them taken or possessed in violation of the law or the rules of the department;
(d) seize and hold, subject to law or the orders of the department, devices that have been used to unlawfully take game, fish, birds, or fur-bearing animals;
(e) arrest, in accordance with Title 46, chapter 6, a violator of a fish and game law or rule of the department, violation of which is a misdemeanor;
(f) enforce the disorderly conduct and public nuisance laws, 45-8-101 and 45-8-111, as they apply to the operation of motorboats on all waters of the state;
(g) as provided for in 37-47-345, investigate violations of 37-47-301(1) and (2) and 37-47-404;
(h) enforce the provisions of Title 80, chapter 7, part 10, and rules adopted under Title 80, chapter 7, part 10, for those invasive species that are under the department's jurisdiction;
(i) on the signing of an agreement as described in 77-1-815, enforce the provisions of Title 77 and rules adopted by the department of natural resources and conservation pertaining to the use of state trust lands; and
(j) exercise the other powers of peace officers in the enforcement of the fish and game laws, the rules of the department, and judgments obtained for violation of those laws or rules.
(2) The meat of game animals that are seized pursuant to subsection (1)(c) must be donated directly to the Montana food bank network or to public or charitable institutions to the extent reasonably feasible. Any meat that the department is unable to donate must be sold pursuant to 87-1-511, with the proceeds to be distributed as provided in 87-1-513(2).
History: En. 26-110.3 by Sec. 13, Ch. 511, L. 1973; amd. Sec. 1, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-110.3; amd. Sec. 1, Ch. 694, L. 1983; amd. Sec. 1, Ch. 336, L. 1991; amd. Sec. 3, Ch. 523, L. 1997; amd. Sec. 16, Ch. 429, L. 2009; amd. Sec. 1, Ch. 122, L. 2019; amd. Sec. 11, Ch. 281, L. 2021; amd. Sec. 11, Ch. 507, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-511. Sale of confiscated birds and animals -- disposition of seized grizzly bears

87-1-511. Sale of confiscated birds and animals -- disposition of seized grizzly bears.
(1) Except as provided in 87-1-226(1), all birds, animals, fish, heads, hides, teeth, or other parts of any animal other than grizzly bear seized by any officer or warden or otherwise acquired by a department employee in the scope of employment may be sold, under the direction of the director or wardens, at a time, place, and manner so as to receive the highest price. The sale must be at public auction to the highest and best bidder. The director or the wardens shall publish notice of the time and place of the sale, together with a description of the birds, fish, animals, or parts or portions of animals to be sold, in a newspaper of general circulation published in the county where the sale is to be held. The notice must be published at least once, and the sale may not be less than 5 or more than 30 days after the last publication. If the property seized is perishable, it may be sold by those officers without publishing notice of the sale. The property may be sold upon that public notice and under those terms and conditions that in the discretion of the officers seem conducive to securing full value.
(2) All grizzly bears or heads, hides, teeth, claws, or other parts of grizzly bears seized by any officer or warden may be donated to museums, educational institutions, government agencies, or persons conducting scientific studies, as approved by the commission. If approved under federal law, parts may be sold at public auction if, after approval by the commission, a reasonable attempt has been made to dispose of the parts.
History: En. Sec. 47, Ch. 173, L. 1917; re-en. Sec. 3726, R.C.M. 1921; re-en. Sec. 3726, R.C.M. 1935; amd. Sec. 35, Ch. 511, L. 1973; R.C.M. 1947, 26-506; amd. Sec. 2, Ch. 120, L. 1985; amd. Sec. 1, Ch. 540, L. 1985; amd. Sec. 2839, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-512. Certificate of sale

87-1-512. Certificate of sale.
(1) Upon the sale of property as provided in 87-1-511, the officer shall issue a certificate to the purchasing party, certifying that the purchaser has the legal right to be in possession of the property and that anyone so acquiring this property from the state is prohibited from reselling the property for human consumption.
(2) Only one carcass of either deer, moose, or elk may be purchased per person at an auction conducted pursuant to 87-1-511. At its discretion, the department may donate unsold carcasses to welfare departments, public institutions, or charitable institutions.
(3) Subsection (1) does not prohibit the resale of heads, hides, pelts, or mounts.
History: En. Sec. 48, Ch. 173, L. 1917; re-en. Sec. 3727, R.C.M. 1921; amd. Sec. 27, Ch. 192, L. 1925; re-en. Sec. 3727, R.C.M. 1935; amd. Sec. 1, Ch. 45, L. 1975; amd. Sec. 12, Ch. 9, L. 1977; R.C.M. 1947, 26-507; amd. Sec. 1, Ch. 108, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-513. Disposition of proceeds of sale

87-1-513. Disposition of proceeds of sale.
(1) The money obtained upon the sale of seized property must be retained and accounted for by the department when the person having the property in possession at the time of seizure is prosecuted or when a prosecution of the person is pending. If the person charged with violating fish and game law is convicted or forfeits bond or bail, the money received for the sale of seized property must be paid to the state treasurer and be deposited to the credit of the fish and game fund except as provided in subsection (2). If the party from whom the property was taken is not found guilty, the money must be paid to the party from whom the game birds, wild animals, fish, or parts or portions thereof were taken. An officer is not liable for any damage caused by any search, examination, seizure, or sale. When wild animals, game birds, or fish are seized as provided in this part and the person or persons who killed or captured the wild animals, game birds, or fish cannot be ascertained or when the animals sold were killed pursuant to 87-1-225, then the money received from the sale of the wild animals, game birds, or fish must be paid directly to the state treasurer. The cost of advertising notice of sale, as required by 87-1-511, must be paid from the fish and game fund.
(2) The proceeds, after the department's cost of conducting the sale and costs incurred in donating game animal meat are deducted, from the sale of seized game animal meat must be deposited in the state special revenue fund to the credit of the department of public health and human services for the purposes of awarding grants to the Montana food bank network in this state. Money from the grants awarded to the Montana food bank network must be used for the processing of donated game animal meat. Any grant funds remaining after donated game animal meat is processed may be used for other appropriate purposes by the Montana food bank network.
History: En. Sec. 49, Ch. 173, L. 1917; re-en. Sec. 3728, R.C.M. 1921; re-en. Sec. 3728, R.C.M. 1935; R.C.M. 1947, 26-508; amd. Sec. 3, Ch. 120, L. 1985; amd. Sec. 1, Ch. 170, L. 1993; amd. Sec. 4, Ch. 523, L. 1997; amd. Sec. 13, Ch. 426, L. 2009; amd. Sec. 1, Ch. 134, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 5. Fish and Game Wardens › 87-1-514. Record of confiscated property

87-1-514. Record of confiscated property.
The director and wardens shall keep a complete record of all property confiscated because of a violation of the game and fish laws, showing in detail a description of the property, the person from whom it was confiscated, the price received for it upon public sale, and the disposition of the money.
History: En. Sec. 50, Ch. 173, L. 1917; re-en. Sec. 3729, R.C.M. 1921; re-en. Sec. 3729, R.C.M. 1935; amd. Sec. 36, Ch. 511, L. 1973; R.C.M. 1947, 26-509.