reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-602. Payment of salaries, per diem, and expenses

87-1-602. Payment of salaries, per diem, and expenses.
All salaries, per diem, expenses, and claims incurred by the department or a person appointed or employed by it shall be paid out of fish and game moneys in the general fund, the federal special revenue fund, the state special revenue fund, or other applicable fund upon warrants properly drawn on those funds.
History: En. Sec. 23, Ch. 193, L. 1921; re-en. Sec. 3672, R.C.M. 1921; re-en. Sec. 3672, R.C.M. 1935; amd. Sec. 17, Ch. 97, L. 1961; amd. Sec. 18, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-123; amd. Sec. 1, Ch. 48, L. 1979; amd. Sec. 46, Ch. 281, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-604. Authorization for allocation of funds to school districts

87-1-604. Authorization for allocation of funds to school districts.
The county commissioners of any county receiving funds as provided in 87-1-603 may allocate, in such amounts as they determine, any portion of the funds to any school district in the county whenever the school district contains any department lands. Any balance remaining after allocations have been made to school districts shall be credited to the general fund of the county.
History: En. Sec. 2, Ch. 1, L. 1951; amd. Sec. 3, Ch. 9, L. 1977; R.C.M. 1947, 26-134.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-605. Fees used to purchase recreational facilities

87-1-605. Fees used to purchase recreational facilities.
(1) One dollar of the fee for a Class A resident fishing license, 10% of the fee for a Class A-8 resident temporary fishing license, $1 of the fee for a Class B-4 nonresident fishing license, $3.50 of the fee for a Class B-5 nonresident fishing license, and $5 of the fee for a Class B nonresident fishing license must be used for the purchase, operation, development, and maintenance of fishing accesses; stream, river, and lake frontages; and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages.
(2) The amount of funds used for operation and maintenance must equal at least 50% of the money set aside each year under this section and must be expended as provided in subsection (3). The funds raised under this section may not be used in lieu of any funds or sources of funds currently being used for acquisition or purchase of fishing accesses or stream, river, or lake frontages and the land considered necessary to provide recreational use of fishing accesses and stream, river, and lake frontages but are in addition to those funds. The funds used for operation and maintenance may be used only for these purposes on lands acquired with funds under this section after April 30, 1974.
(3) Operation and maintenance money set aside each year under this section must be expended based on the following priority:
(a) weed management;
(b) streambank restoration; and
(c) general operation and maintenance.
History: En. Sec. 3, Ch. 408, L. 1973; amd. Sec. 1, Ch. 82, L. 1977; R.C.M. 1947, 26-234; amd. Sec. 1, Ch. 461, L. 1981; amd. Sec. 6, Ch. 239, L. 1983; amd. Sec. 72, Ch. 18, L. 1995; amd. Sec. 1, Ch. 428, L. 1995; amd. Sec. 2, Ch. 336, L. 1997; amd. Sec. 2, Ch. 228, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-606. Fee limitation for multiple licenses

87-1-606. Fee limitation for multiple licenses.
If a person is issued more than one license under part 4, 9, or 10 of chapter 4 of this title, the total assessment for initial fees or for renewal fees for all licenses issued to such person may not exceed the amount of the largest individual license fee.
History: En. Sec. 49, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-610. Contributions for leasing appropriation rights -- general spending authority

87-1-610. Contributions for leasing appropriation rights -- general spending authority.
(1) The department may accept contributions from public or private entities for the purpose of leasing appropriation rights to maintain or enhance instream flows for the benefit of fisheries.
(a) Any contributions accepted by the department under this section must be deposited in the fish and wildlife mitigation trust fund established in 87-1-611.
(b) The department shall expend money obtained under this section and deposited in the fish and wildlife mitigation trust fund exclusively to lease existing rights for the purpose of maintaining or enhancing instream flows for fisheries.
(2) The department may also expend other departmental funds to lease existing rights for the purpose of maintaining or enhancing instream flows for fisheries, including but not limited to departmental funds in the river restoration special revenue account established under 87-1-258.
History: En. Sec. 5, Ch. 658, L. 1989; amd. Sec. 4, Ch. 175, L. 1993.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-611. Fish and wildlife mitigation trust fund created

87-1-611. Fish and wildlife mitigation trust fund created.
(1) There is established, separate and apart from all public money or funds of this state, a fund to be known as the fish and wildlife mitigation trust fund. The fund must be administered by the department.
(2) The fund consists of:
(a) money received under written agreements, contracts, or authorizations with the department made for the purpose of fish and wildlife mitigation or enhancement;
(b) any gift, donation, grant, legacy, bequest, or devise made for the purpose of fish and wildlife mitigation or enhancement;
(c) any interest, earnings, or income of the fund; and
(d) any property or easements acquired through the expenditure of money from the fund.
History: En. Sec. 1, Ch. 445, L. 1987.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-612. Purposes of the fish and wildlife mitigation trust fund

87-1-612. Purposes of the fish and wildlife mitigation trust fund.
Expenditures may be made from the fish and wildlife mitigation trust fund for fish and wildlife mitigation or enhancement purposes pursuant to the written agreement, contract, authorization, or terms of a gift, donation, grant, legacy, bequest, or devise committing money to the fish and wildlife mitigation trust fund. The specific purposes are those designated in the written agreement, contract, authorization, or terms.
History: En. Sec. 2, Ch. 445, L. 1987.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-613. Agreements for use of fund -- department as trustee

87-1-613. Agreements for use of fund -- department as trustee.
(1) The department may enter into agreements with persons or entities committing money to the fish and wildlife mitigation trust fund concerning the purpose and manner of use of the money from the fish and wildlife mitigation trust fund.
(2) The department is the trustee of the fish and wildlife mitigation trust fund and is responsible for its administration and use.
History: En. Sec. 3, Ch. 445, L. 1987.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-614. Expenditure of principal and earnings

87-1-614. Expenditure of principal and earnings.
The principal and interest, earnings, or income of the fish and wildlife mitigation trust fund shall be expended or retained according to the written agreement, contract, authorization, or terms of the gift, donation, grant, legacy, bequest, or devise committing money to the fish and wildlife mitigation trust fund.
History: En. Sec. 4, Ch. 445, L. 1987.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-615. Investment of fish and wildlife mitigation trust fund

87-1-615. Investment of fish and wildlife mitigation trust fund.
The fish and wildlife mitigation trust fund must be invested and managed by the board of investments as part of the unified investment program in a separate investment fund.
History: En. Sec. 5, Ch. 445, L. 1987.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-621. Forest management account

87-1-621. Forest management account.
(1) There is a special revenue account called the forest management account to the credit of the department of fish, wildlife, and parks.
(2) The forest management account consists of money deposited into the account from forest management projects undertaken pursuant to 87-1-622 and from any other source. Any interest earned by the account must be deposited into the account.
(3) Except as otherwise directed by state or federal law, funds from the forest management account must be used by the department to implement forest management projects that may result pursuant to the provisions of 87-1-622.
History: En. Secs. 3, 4, Ch. 330, L. 2009; amd. Sec. 3, Ch. 395, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-622. Forest management plan -- sustainable yield study required -- definition

87-1-622. Forest management plan -- sustainable yield study required -- definition.
(1) The commission and the board shall adopt forest management plans for lands under their jurisdiction, based on an annual sustainable yield, to implement the provisions of 87-1-201(10)(a)(iv).
(2) The department, under the direction of the commission, shall, before July 1, 2012, commission a study by a qualified independent third party to determine, using scientific principles, the annual sustainable yield on forested department lands. The department shall direct the qualified independent third party to determine the annual sustainable yield pursuant to all state and federal laws.
(3) The annual timber sale requirement for the timber sale program administered by the department to address fire mitigation, pine beetle infestation, and wildlife habitat enhancement may not exceed the annual sustainable yield.
(4) The commission and the board shall review and redetermine the annual sustainable yield for lands under their jurisdiction at least once every 5 years.
(5) Expenditures necessary to meet the requirements of this section are authorized to be made by the department pursuant to 87-1-601.
(6) For the purposes of this section, the term "annual sustainable yield" means the quantity of timber that can be harvested from forested department lands each year, taking into account the ability of forested lands to generate replacement tree growth and in accordance with:
(a) the provisions of 87-1-201(10)(a)(iv);
(b) state and federal laws, including but not limited to the laws pertaining to wildlife, recreation, and maintenance of watersheds; and
(c) water quality standards that protect fisheries and aquatic life and that are adopted under the provisions of Title 75, chapter 5.
History: En. Sec. 1, Ch. 395, L. 2011; amd. Sec. 32, Ch. 235, L. 2013; amd. Sec. 2, Ch. 117, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-623. Wolf management account

87-1-623. Wolf management account.
(1) There is a wolf management account in the state special revenue fund established in 17-2-102. Fees collected from the sale of Class E-1 and Class E-2 wolf licenses and interest earned on the account must be deposited into the account. Subject to appropriation by the legislature, money deposited in the account must be used exclusively for the management of wolves as specified in subsection (2).
(2) Money deposited in accordance with subsection (1) must be equally divided and allocated for the following purposes:
(a) wolf-collaring activities conducted pursuant to 87-5-132; and
(b) lethal action conducted pursuant to 87-1-217 to take problem wolves that attack livestock.
(3) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.
History: En. Sec. 5, Ch. 390, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-625. Funding for wolf management

87-1-625. Funding for wolf management.
(1) The department shall allocate $500,000 annually for wolf management.
(2) For the purposes of this section, the term "management" has the same meaning provided in 87-5-102 and includes:
(a) wolf collaring conducted pursuant to 87-5-132; and
(b) lethal action conducted pursuant to 87-1-217 to take problem wolves that attack livestock.
(3) Not more than 25% of the total funding allocated under this section may be used for administrative costs.
(4) Pursuant to 87-1-201, the department may allocate funds from any source to meet the requirements of this section.
(5) The department may contract with the United States department of agriculture wildlife services and county governments for the purposes of this section.
History: En. Sec. 2, Ch. 400, L. 2011; amd. Sec. 9, Ch. 438, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-628. Hunters against hunger account

87-1-628. Hunters against hunger account.
(1) There is a hunters against hunger account in the state special revenue fund established by 17-2-102. Funds deposited into this account must be used by the department for the purposes of 87-1-293.
(2) The following money must be deposited into the account:
(a) donations received pursuant to 87-1-293;
(b) interest earned on the account; and
(c) money received by the department in the form of gifts or grants or from any source intended to be used for the purposes of 87-1-293.
(3) Any money in the account that is unspent or unencumbered at the end of a fiscal year must remain in the account.
History: En. Sec. 2, Ch. 83, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 6. Finance › 87-1-629. Review of budget -- report to legislature

87-1-629. Review of budget -- report to legislature.
In addition to the requirements of Title 17, chapter 7, part 1, every 4 years the department shall review its expenditures and revenue to determine the need for making license revenue recommendations to the legislature. The department shall report the findings of its review to the legislature in accordance with 5-11-210.
History: En. Sec. 1, Ch. 449, L. 2015; amd. Sec. 128, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-701. Assent to Dingell-Johnson Act

87-1-701. Assent to Dingell-Johnson Act.
The congress of the United States passed an act that was approved on August 9, 1950, known as the Dingell-Johnson Act, Public Law 681, 81st congress, chapter 658, 2nd session, which provides, among other things, that "No money apportioned under this Act to any State, except as hereinafter provided, shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of fish, shall have assented to the provisions of this Act and shall have passed laws for the conservation of fish, which shall include a prohibition against the diversion of license fees paid by fishermen for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after passage of this Act, the assent of the governor of the State shall be sufficient." The money referred to in the Dingell-Johnson Act is collected in part from the anglers of the state of Montana and will not be returned to the state unless the state assents to the Dingell-Johnson Act. Therefore, the state of Montana assents to the Dingell-Johnson Act, but the assent is with the express reservations enumerated in 87-1-701 through 87-1-703. The state of Montana does not, by the passage of 87-1-701 through 87-1-703 or by the consent given in this section, surrender to the congress of the United States or any department of the government of the United States any of those rights that are retained by the people of the state of Montana or the state of Montana and that are guaranteed to them by the 9th and 10th amendments to the constitution of the United States, and 87-1-701 through 87-1-703 may not in any manner or at all be construed or held to be the state of Montana's consent to amending the constitution of the United States in any manner or at all relative to its rights. The title to all lands acquired under the provisions of 87-1-701 through 87-1-703 for fish restoration and management projects and projects constructed on those lands is and remains in the state.
History: En. Sec. 1, Ch. 140, L. 1951; R.C.M. 1947, 26-1401; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 2840, Ch. 56, L. 2009; amd. Sec. 1, Ch. 69, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-702. Powers of department relating to fish restoration and management

87-1-702. Powers of department relating to fish restoration and management.
The department is hereby authorized to perform such acts as may be necessary to the establishment and conduct of fish restoration and management projects as defined and authorized by the act of congress, provided every project initiated under the provisions of the act shall be under the supervision of the department, and no laws or rules or regulations shall be passed, made, or established relating to said fish restoration and management projects except they be in conformity with the laws of the state of Montana or rules promulgated by the department, and the title to all lands acquired or projects created from lands purchased or acquired by deed or gift shall vest in, be, there remain in the state of Montana and shall be operated and maintained by it in accordance with the laws of the state of Montana. The department shall have no power to accept benefits unless the fish restoration and management projects created or established shall wholly and permanently belong to the state of Montana, except as hereinafter provided.
History: En. Sec. 2, Ch. 140, L. 1951; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1402.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-703. Cooperative agreements on federally owned land

87-1-703. Cooperative agreements on federally owned land.
The department, in the name of the state and with the approval of the governor, shall have the power to enter into cooperative agreements on federally owned lands with the government of the United States or any department or bureau thereof or with an individual or individuals, private corporations, or partnerships for the purpose of carrying on any fish restoration projects created and established under the provisions of 87-1-701 through 87-1-703 and shall have the power to acquire by purchase, either by cash or upon installments, or lease or by gift or by devise or individually or in conjunction with the government of the United States or some department or bureau thereof such lands or other property or interest therein as may be necessary for the purpose of carrying on any fish restoration and management projects created and established under the provisions of said Dingell-Johnson bill of the congress of the United States, and the state does reserve to itself, acting through its legislature, the right to direct the department to abandon any fish restoration and management projects created and established as the state may in its judgment think proper. The department shall have no power to exercise the right of eminent domain to condemn or acquire property under 87-1-701 through 87-1-703.
History: En. Sec. 3, Ch. 140, L. 1951; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1403; amd. Sec. 5, Ch. 44, L. 1979.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-704. Federal fish-hatching operations

87-1-704. Federal fish-hatching operations.
The government of the United States, the United States commissioner of fisheries, and the government's or commissioner's authorized agents may conduct fish-hatching and all operations connected with fish-hatching, in any manner and at any time that may be considered necessary and proper by them at any United States fish cultural station established by the United States government in the state of Montana.
History: En. Sec. 1, Ch. 9, L. 1913; re-en. Sec. 3712, R.C.M. 1921; re-en. Sec. 3712, R.C.M. 1935; amd. Sec. 11, Ch. 9, L. 1977; R.C.M. 1947, 26-330; amd. Sec. 2841, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-705. Acquisition of land by United States for migratory bird reservation

87-1-705. Acquisition of land by United States for migratory bird reservation.
Consent of the state of Montana is given to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land or water or of land and water in sections 31 and 32 in township 28 north of range 22 west; sections 4, 5, 8, 9, 16, 17, 18, 19, and 20 in township 27 north of range 22 west; sections 13, 14, 15, 16, 21, 22, 23, and 24 in township 27 north of range 23 west, in Flathead County, Montana, as the United States may deem necessary for the establishment of a migratory bird reservation in accordance with the act of congress approved February 18, 1929, entitled: "An Act to More Effectively Meet the Obligations of the United States Under the Migratory Bird Treaty with Great Britain by Lessening the Dangers Threatening Migratory Game Birds from Drainage and Other Causes by the Acquisition of Areas of Land and of Water to Furnish in Perpetuity Reservations for the Adequate Protection of Such Birds; and Authorizing Appropriations for the Establishment of Such Areas, Their Maintenance and Improvement and for Other Purposes", reserving, however, to the state of Montana full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.
History: En. Sec. 1, Ch. 156, L. 1941; R.C.M. 1947, 26-1108.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-706. Regulation of bird reserve in Flathead County

87-1-706. Regulation of bird reserve in Flathead County.
Upon the acquisition or establishment of any such refuge in Flathead County, state of Montana, the commission, acting under its authority to designate areas as resting, feeding, and breeding grounds for migratory and other species of birds and wild animals, shall in its discretion establish such areas as a state refuge and adopt such regulations not inconsistent with the regulations of the secretary of the United States department of agriculture governing such areas as it may deem necessary for their protection and may enter into cooperative agreements or arrangements with the secretary for the enforcement of the aforesaid act of congress and the regulations of the secretary of agriculture and for the maintenance and administration of such refuge.
History: En. Sec. 2, Ch. 156, L. 1941; R.C.M. 1947, 26-1109.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-707. Water supply for the Benton Lake wildlife refuge

87-1-707. Water supply for the Benton Lake wildlife refuge.
Consent of the state of Montana is given to the acquisition by the United States by purchase, gift, devise, or lease of a canal right-of-way approximately 66 feet in width, together with an area not to exceed 10 acres as a site for a pumping station works, or of land and water within township 22 north, range 1 west; township 23 north, range 2 west; township 23 north, range 1 west; township 23 north, range 1 east; township 23 north, range 2 east, Teton County; township 22 north, range 1 east, Cascade County; and township 23 north, range 3 east, Chouteau County for the transportation of a supplemental water supply for the Benton Lake national wildlife refuge, Cascade County, established by Executive Order No. 5228, November 21, 1929, and as amended by Executive Order No. 2416, July 25, 1940, in accordance with the act of congress approved February 18, 1929, entitled: "An Act to More Effectively Meet the Obligations of the United States Under the Migratory Bird Treaty with Great Britain by Lessening the Dangers Threatening Migratory Game Birds from Drainage and Other Causes by the Acquisition of Areas of Land and of Water to Furnish in Perpetuity Reservations for the Adequate Protection of Such Birds; and Authorizing Appropriations for the Establishment of Such Areas, Their Maintenance and Improvement and for Other Purposes", reserving, however, to the state of Montana full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.
History: En. Sec. 1, Ch. 227, L. 1953; R.C.M. 1947, 26-1108.1.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-709. Cooperation with United States for wildlife restoration

87-1-709. Cooperation with United States for wildlife restoration.
The department, in the name of the state and with the approval of the governor, shall have the power to enter into the cooperative agreements on federally owned lands with the government of the United States or some department or bureau thereof or with an individual or individuals, private corporations, or partnerships for the purpose of carrying on any wildlife restoration project and established under the provisions of said Pittman-Robertson Act of the congress of the United States and shall have the power to acquire by purchase, either for cash or upon installments, or lease or by gift or devise, either individually or in conjunction with the government of the United States or some department or bureau thereof, such lands or other property or interests therein as may be necessary for the purpose of carrying on any wildlife restoration project created and established under the provisions of said Pittman-Robertson Act of the congress of the United States. The state of Montana does reserve to itself, acting through its legislature, the right to direct the department to abandon any wildlife restoration projects created and established as the state of Montana may in its judgment think proper, provided the department shall have no power to exercise the right of eminent domain to condemn or acquire property under 87-1-708 through 87-1-710.
History: En. Sec. 3, Ch. 167, L. 1941; amd. Sec. 2, Ch. 80, L. 1951; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1124.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-710. Use of hunters' license fees for department purposes only

87-1-710. Use of hunters' license fees for department purposes only.
In accordance with the other requirement of said act of congress, it shall be the law of this state, so long as this assent shall be unrepealed, that no license fees paid by hunters in the state of Montana shall be used or taken for any other purpose than the administration and use of the department.
History: En. Sec. 4, Ch. 167, L. 1941; R.C.M. 1947, 26-1125.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-711. Acquisition of land by United States for bison and other big game animals

87-1-711. Acquisition of land by United States for bison and other big game animals.
Consent of the state of Montana is given to the acquisition by the United States by purchase, gift, devise, or lease of such areas of land or water or of land and water in section 31, township 18 north, range 20 west, Lake County, Montana, and section 36, township 18 north, range 21 west, Sanders County, Montana, excepting the Northern Pacific railway and state of Montana lands within said sections, as the United States may deem necessary for the establishment of an exhibition park for bison and other big game animals, reserving, however, to the state of Montana full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of applicable federal regulations.
History: En. Sec. 1, Ch. 209, L. 1953; R.C.M. 1947, 26-1126.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-712. Development of national bison range

87-1-712. Development of national bison range.
Upon the acquisition or establishment of any such park in Lake County and Sanders County, the fish and wildlife service, United States department of the interior, agrees to develop, improve, and maintain the park for the display of such native big game animals as are available on the national bison range.
History: En. Sec. 2, Ch. 209, L. 1953; R.C.M. 1947, 26-1127.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-713. Federal waterfowl and wildlife area acquisitions -- submission to affected county governing bodies for review

87-1-713. Federal waterfowl and wildlife area acquisitions -- submission to affected county governing bodies for review.
The governor, the department, or their agents, responsible under federal law for final approval of land, wetland, and water acquisitions in fee by the United States government or its agents for waterfowl protection areas or wildlife refuges, or the United States fish and wildlife service shall submit the proposed acquisitions to the governing body of each county in which all or part of the land, wetland, and water areas are proposed to be located for the governing body's recommendations.
History: En. Sec. 1, Ch. 309, L. 1979.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 7. State-Federal Relationships › 87-1-714. Hearings on proposed waterfowl and wildlife area acquisitions

87-1-714. Hearings on proposed waterfowl and wildlife area acquisitions.
(1) The governing body of the county affected by a proposed federal acquisition of land under 87-1-713, the department, and the United States fish and wildlife service shall, within 21 days of receipt of an acquisition proposal, physically inspect the proposed acquisition areas, if the governing body deems such inspection appropriate.
(2) If requested by the governing body, the agencies described in subsection (1) shall hold a joint public hearing on the proposed acquisition and shall give public notice of the date, time, and place of the hearing. The hearing shall be held in the county in which the proposed acquisition is located. The hearing shall be held within 30 days of the governing body's receipt of the acquisition proposal. The notice shall be published once a week for 2 successive weeks in a newspaper of general circulation in each county in which all or part of the proposed acquisition is located. The notice shall include the substance of the proposed action and a legal description of the proposed acquisitions.
History: En. Sec. 2, Ch. 309, L. 1979.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 8. Interstate Wildlife Violator Compact › 87-1-802. Department authorization to effect purposes of compact

87-1-802. Department authorization to effect purposes of compact.
(1) The department shall enforce the Interstate Wildlife Violator Compact and shall do all things within the department's jurisdiction that are appropriate in order to effectuate the purposes and the intent of the compact.
(2) The department is authorized on behalf of the state of Montana to enter into or withdraw from the Interstate Wildlife Violator Compact pursuant to the terms of Article VIII of the compact.
(3) The department is authorized to adopt amendments to the Interstate Wildlife Violator Compact pursuant to the terms of Article IX of the compact.
History: En. Sec. 2, Ch. 122, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 8. Interstate Wildlife Violator Compact › 87-1-803. Reciprocal recognition of license suspensions -- suspension of privileges for conviction in participating state

87-1-803. Reciprocal recognition of license suspensions -- suspension of privileges for conviction in participating state.
(1) When the department receives notice of the suspension of a person's hunting, trapping, or fishing privileges by a participating state, the department shall determine whether the violation leading to the suspension could have led to the forfeiture of privileges under Montana law. If the department determines that the person's privileges could have been forfeited, the department shall suspend the person's privileges to hunt, trap, or fish in Montana for the same period as imposed by the participating state or for the minimum period that would have been imposed under Montana law, whichever period is longer.
(2) When the department receives notice of a conviction of a Montana resident from the licensing authority of the issuing state, the department shall treat the conviction as if it had occurred in Montana and shall determine whether the conviction could have led to the forfeiture of the resident's hunting, trapping, or fishing privileges under Montana law. If the department determines that the resident's privileges could have been forfeited, the department shall suspend the resident's privileges to hunt, trap, or fish in Montana for the minimum period that would have been imposed under Montana law.
(3) Notice of the suspension must be sent to the person, who shall surrender any current Montana hunting, trapping, and fishing licenses to the department within 10 days.
History: En. Sec. 3, Ch. 122, L. 1995; amd. Sec. 7, Ch. 502, L. 1999; amd. Sec. 89, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 8. Interstate Wildlife Violator Compact › 87-1-804. Suspension of privileges for failure to comply with citation issued in participating state

87-1-804. Suspension of privileges for failure to comply with citation issued in participating state.
(1) The department shall suspend the hunting, trapping, or fishing privileges of any resident of Montana upon notification from the licensing authority of an issuing state that the resident has failed to comply with the terms of a citation issued for a wildlife violation. The suspension remains in effect until the department receives satisfactory evidence of compliance from the issuing state.
(2) Notice of the suspension must be sent to the resident, who shall surrender all current Montana hunting, trapping, and fishing licenses to the department within 10 days.
History: En. Sec. 4, Ch. 122, L. 1995; amd. Sec. 8, Ch. 502, L. 1999; amd. Sec. 90, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 8. Interstate Wildlife Violator Compact › 87-1-805. Hearing on suspension

87-1-805. Hearing on suspension.
(1) Upon suspending the hunting, trapping, or fishing privileges of any person under 87-1-803 or 87-1-804, the department shall immediately notify the person in writing. The person may, within 20 days of the notice, request a hearing before the department on whether the requirements for suspension have been met. The hearing must be informal.
(2) Upon request, the department shall set a hearing as early as practicable.
(3) (a) The requesting person may present evidence and arguments at the hearing contesting whether:
(i) a participating state suspended the person's privileges;
(ii) there was a conviction in the participating state;
(iii) the person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or
(iv) a conviction in a participating state could have led to the forfeiture of privileges under Montana law.
(b) Grounds other than those listed in subsection (3)(a) may not be used to contest the department's decision to suspend the person's privileges.
(4) At the hearing, the department, through its authorized agent, may:
(a) administer oaths;
(b) issue subpoenas for the attendance of witnesses; and
(c) admit all relevant evidence and documents, including notifications from participating states.
(5) Following the hearing, the department, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.
History: En. Sec. 5, Ch. 122, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 9. Gray Wolf Management › 87-1-901. Gray wolf management -- rulemaking -- reporting

87-1-901. Gray wolf management -- rulemaking -- reporting.
(1) Except as provided in subsection (3), the commission shall establish by rule hunting and trapping seasons for wolves with the intent to reduce the wolf population in this state to a sustainable level, but not less than the number of wolves necessary to support at least 15 breeding pairs. Trapping seasons must allow for the use of snares by the holder of a trapping license.
(2) For game management purposes, the commission may apply different management techniques depending on the conditions in each administrative region with the most liberal harvest regulations applied in regions with the greatest number of wolves. In doing so, the commission may authorize:
(a) the issuance of more than one Class E-1 or Class E-2 wolf hunting license to an applicant;
(b) the trapping or snaring of more than one wolf by the holder of a trapping license;
(c) the harvest of an unlimited number of wolves by the holder of a single wolf hunting or wolf trapping license;
(d) during the wolf trapping season, the use of bait while hunting or trapping wolves as long as no trap or snare trap is set within 30 feet of exposed bait visible from above; and
(e) the hunting of wolves on private lands outside of daylight hours with the use of artificial light or night vision scopes.
(3) The commission shall adopt rules to allow a landowner or the landowner's agent to take a wolf on the landowner's property at any time without the purchase of a Class E-1 or Class E-2 wolf license when the wolf is a potential threat to human safety, livestock, or dogs. The rules must:
(a) be consistent with the Montana gray wolf conservation and management plan and the adaptive management principles of the commission and the department for the Montana gray wolf population;
(b) require a landowner or the landowner's agent who takes a wolf pursuant to this subsection (3) to promptly report the taking to the department and to preserve the carcass of the wolf;
(c) establish a quota each year for the total number of wolves that may be taken pursuant to this subsection (3); and
(d) allow the commission to issue a moratorium on the taking of wolves pursuant to this subsection (3) before a quota is reached if the commission determines that circumstances require a limitation of the total number of wolves taken.
(4) Public land permittees who have experienced livestock depredation must obtain a special kill permit authorized in 87-5-131(3)(b) to take a wolf on public land without the purchase of a Class E-1 or Class E-2 license.
(5) The department shall report annually to the environmental quality council in accordance with 5-11-210 regarding the implementation of 87-5-131, 87-5-132, and this section.
History: En. Sec. 1, Ch. 297, L. 2013; amd. Sec. 1, Ch. 162, L. 2021; amd. Sec. 129, Ch. 261, L. 2021; amd. Sec. 1, Ch. 336, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-103. Repealed

87-2-103. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 2, Ch. 238, L. 1921; re-en. Sec. 3682, R.C.M. 1921; amd. Sec. 13, Ch. 192, L. 1925; amd. Sec. 7, Ch. 59, L. 1927; amd. Sec. 3, Ch. 224, L. 1947; amd. Sec. 27, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-202; amd. Sec. 1, Ch. 255, L. 1979; amd. Sec. 1, Ch. 49, L. 1993; amd. Sec. 8, Ch. 417, L. 1995; amd. Sec. 1, Ch. 80, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-107. License form

87-2-107. License form.
The form of the license must be determined and the license blanks prepared by the department and furnished by it to the officers and persons authorized to issue the license. Licenses must be issued in the name of the department. Each license issued must be signed by the licensee in ink or indelible pencil on the face of the license or signed electronically.
History: En. Sec. 8, Ch. 238, L. 1921; re-en. Sec. 3688, R.C.M. 1921; re-en. Sec. 3688, R.C.M. 1935; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-212; amd. Sec. 4, Ch. 80, L. 2003; amd. Sec. 1, Ch. 44, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-108. Repealed

87-2-108. Repealed.
Sec. 20, Ch. 478, L. 1979.
History: En. Sec. 1, Ch. 165, L. 1967; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-212.1; amd. Sec. 2, Ch. 218, L. 1979.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-109. Repealed

87-2-109. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 9, Ch. 238, L. 1921; re-en. Sec. 3689, R.C.M. 1921; amd. Sec. 10, Ch. 59, L. 1927; re-en. Sec. 3689, R.C.M. 1935; amd. Sec. 4, Ch. 224, L. 1947; amd. Sec. 24, Ch. 511, L. 1973; amd. Sec. 29, Ch. 9, L. 1977; R.C.M. 1947, 26-213; amd. Sec. 3, Ch. 321, L. 1991; amd. Sec. 10, Ch. 417, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-110. Repealed

87-2-110. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 12, Ch. 238, L. 1921; re-en. Sec. 3692, R.C.M. 1921; re-en. Sec. 3692, R.C.M. 1935; amd. Sec. 1, Ch. 149, L. 1955; amd. Sec. 7, Ch. 9, L. 1977; R.C.M. 1947, 26-217; amd. Sec. 12, Ch. 417, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-111. Termination of license

87-2-111. Termination of license.
Such licenses shall be void after the last day of February next succeeding their issuance, except that trapping licenses as described in part 6 of this chapter shall be void after June 30 next succeeding their issuance.
History: En. Sec. 10, Ch. 238, L. 1921; re-en. Sec. 3690, R.C.M. 1921; re-en. Sec. 3690, R.C.M. 1935; R.C.M. 1947, 26-214; amd. Sec. 4, Ch. 494, L. 1983; amd. Sec. 2, Ch. 304, L. 1985.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-112. Repealed

87-2-112. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 1, Ch. 43, L. 1971; amd. Sec. 2, Ch. 480, L. 1973; amd. Sec. 4, Ch. 465, L. 1977; R.C.M. 1947, 26-812; amd. Sec. 2842, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-113. Application fees

87-2-113. Application fees.
(1) (a) Except as provided in subsection (1)(b), when the department determines a drawing is necessary prior to issuance of hunting licenses for any game species during a hunting season, it shall collect a $5 per species application fee.
(b) The department shall collect the following per species special license application fees:
(i) moose--resident, $10; nonresident, $50;
(ii) mountain goat--resident, $10; nonresident, $50;
(iii) mountain sheep--resident, $10; nonresident, $50;
(iv) wild buffalo or bison--resident, $10; nonresident, $50.
(2) (a) If a resident participates in the bonus point system adopted by the commission, the department shall collect an additional application fee of $2 per species.
(b) If a nonresident participates in the bonus point system adopted by the commission, the department shall collect an additional application fee of $20 per species.
(3) Application fees collected pursuant to this section must be deposited in the state special revenue fund to the credit of the department as set forth in 87-1-601.
(4) The payment of an application fee confers no hunting rights or privileges.
(5) The commission may waive the provisions of subsection (1) when a drawing is required for a special season under 87-1-304.
History: En. Sec. 14, Ch. 554, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 592, L. 1991; amd. Sec. 2, Ch. 533, L. 1999; amd. Sec. 2, Ch. 585, L. 2005; amd. Sec. 1, Ch. 298, L. 2013; amd. Sec. 5, Ch. 349, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-114. Repealed

87-2-114. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 11, Ch. 417, L. 1995; amd. Sec. 5, Ch. 80, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 2. Fishing, Hunting, and Trapping Licenses › Part 1. General Provisions › 87-2-116. Base hunting license prerequisite for other hunting licenses -- fee

87-2-116. Base hunting license prerequisite for other hunting licenses -- fee.
(1) To be eligible to apply for a hunting license or Class A-2 special bow and arrow license, a person must first obtain a base hunting license as provided in this section. The base hunting license must be purchased once each license year.
(2) Resident base hunting licenses may be purchased for a fee of $10, of which $2 is a hunting access fee that must be used by the department to fund programs authorized in 87-1-265.
(3) Nonresident base hunting licenses may be purchased for a fee of $15, of which $10 is a hunting access fee that must be used by the department to fund programs authorized in 87-1-265.
History: En. Sec. 2, Ch. 449, L. 2015; amd. Sec. 10, Ch. 63, L. 2019.