reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 6. Fish Ponds, Seining, and Commercial Taking of Aquatic Fish Food Organisms › 87-4-609. Regulation of commercial taking of fish or aquatic organisms -- permit -- rulemaking authority

87-4-609. Regulation of commercial taking of fish or aquatic organisms -- permit -- rulemaking authority.
(1) The department shall regulate the taking, for sale or commercial distribution, of:
(a) crayfish for fishing bait;
(b) crayfish from private fish ponds regulated under 87-4-603;
(c) mysis shrimp;
(d) designated species of nongame fish in waters designated by the commission pursuant to 87-3-204;
(e) whitefish as authorized by statute; and
(f) other aquatic organisms.
(2) In order to obtain a permit to take fish or aquatic organisms for sale or commercial distribution, an applicant shall provide the department with sufficient details of the proposed operation to enable the department to evaluate any potential overharvest or conflict with existing fishing and recreational uses of the waters.
(3) The department may:
(a) deny a permit if it determines that there is substantial potential that the proposed operation may harm a fishery or conflict with existing recreational uses of the waters;
(b) condition a permit to restrict the method of taking, the location of the taking, and the quality and quantity of harvest to prevent overharvest or conflict with existing fishing and recreational uses of the waters; or
(c) require a permittee to submit harvest data to the department.
(4) A permit may be revoked for a violation of the conditions of the permit.
(5) The department may adopt rules for the regulation of commercial taking of fish or aquatic organisms, including but not limited to the setting of seasons, methods of taking, quantities of harvest, size limitations, and reporting requirements, to prevent overharvest or conflict with fishing and recreational uses of the waters.
History: En. Sec. 1, Ch. 246, L. 1989; amd. Sec. 2, Ch. 456, L. 1993; amd. Sec. 7, Ch. 84, L. 2003; amd. Sec. 111, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 6. Fish Ponds, Seining, and Commercial Taking of Aquatic Fish Food Organisms › 87-4-610. Fees for commercial taking of fish or aquatic organisms -- use of fees

87-4-610. Fees for commercial taking of fish or aquatic organisms -- use of fees.
(1) To finance the administration and enforcement of the provisions of 87-4-609, the department may by rule set reasonable fees for:
(a) issuance of the permit required in 87-4-609; and
(b) use of traps, nets, or seines in Montana waters for the commercial taking of nongame fish, whitefish, as authorized by statute, or aquatic organisms.
(2) The department shall deposit any fees collected under the provisions of subsection (1) in the state special revenue fund for use by the department.
History: En. Sec. 2, Ch. 246, L. 1989; amd. Sec. 8, Ch. 84, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 7. Sale of Game in Commercial Trade › 87-4-701. Definitions

87-4-701. Definitions.
(1) The words "game" and "game birds" or "parts of the same" mean the game animals and game birds, the killing of which is restricted or forbidden by the laws of Montana.
(2) The words "merchant", "hotelkeeper", or "restaurant keeper" mean each manager, servant, agent, or employer of such person.
(3) The word "sale", as used in the statute laws of this state touching the sale of game and fish, the sale of which is prohibited by law, does and shall be considered to mean:
(a) a contract by which, for a pecuniary consideration called a price, one transfers an interest in either game or fish;
(b) a contract by which, for an article or thing of value, one transfers, barters, or exchanges an interest either in game or fish.
History: (1), (2)En. Sec. 62, Ch. 173, L. 1917; re-en. Sec. 3741, R.C.M. 1921; amd. Sec. 30, Ch. 192, L. 1925; re-en. Sec. 3741, R.C.M. 1935; amd. Sec. 15, Ch. 9, L. 1977; Sec. 26-805, R.C.M. 1947; (3)En. Sec. 64, Ch. 173, L. 1917; re-en. Sec. 3743, R.C.M. 1921; re-en. Sec. 3743, R.C.M. 1935; Sec. 26-808, R.C.M. 1947; R.C.M. 1947, 26-805, 26-808.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 7. Sale of Game in Commercial Trade › 87-4-702. Possession of game by merchants, hotelkeepers, or restaurant keepers

87-4-702. Possession of game by merchants, hotelkeepers, or restaurant keepers.
(1) Except as provided in subsection (2), it is lawful for any merchant, hotelkeeper, or restaurant keeper to have in the person's possession, offer for sale, or sell game birds and game if the game or game birds are not killed in Montana.
(2) A merchant, hotelkeeper, or restaurant keeper may not offer for sale or sell any grizzly bear or any head, hide, teeth, claws, or other part of a grizzly bear.
History: En. Sec. 58, Ch. 173, L. 1917; re-en. Sec. 3737, R.C.M. 1921; re-en. Sec. 3737, R.C.M. 1935; amd. Sec. 13, Ch. 9, L. 1977; R.C.M. 1947, 26-801; amd. Sec. 4, Ch. 540, L. 1985; amd. Sec. 2857, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 7. Sale of Game in Commercial Trade › 87-4-703. Evidence of lawful possession of game

87-4-703. Evidence of lawful possession of game.
Each merchant, hotelkeeper, or restaurant keeper who possesses and offers for sale any game or game birds shall produce upon demand, for the inspection of any game warden, deputy game warden, or sheriff, the receipt or record and shipping and transportation receipts required in 87-4-704 to be kept by the person. A failure or refusal to produce the receipts upon demand, coupled with the possession and offering for sale of game or game birds, is prima facie evidence of the violation of this part.
History: En. Sec. 59, Ch. 173, L. 1917; re-en. Sec. 3738, R.C.M. 1921; re-en. Sec. 3738, R.C.M. 1935; amd. Sec. 14, Ch. 9, L. 1977; R.C.M. 1947, 26-802; amd. Sec. 2858, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 7. Sale of Game in Commercial Trade › 87-4-704. Record to be kept

87-4-704. Record to be kept.
It is the duty of a person who has in the person's possession and offers for sale any game or game birds to keep a record showing the amount and kind of game and game birds received by the person, together with shipping and transportation receipts showing the true time and place of shipment of the game and game birds and the name of the person shipping the game and game birds. However, any merchant in Montana selling game or game birds to any hotelkeeper, restaurant keeper, or other person shall, in addition to the record and receipts required to be kept by the merchant, keep a record of the date of sale, the kind and amount of game or game birds, and the name of the purchaser. In the case of hotelkeepers, restaurant keepers, or other persons buying game or game birds from a merchant within the state of Montana, a receipt from the merchant showing the date and the kind and amount of game or game birds purchased is sufficient evidence of compliance with the provisions of this part by the hotelkeeper, restaurant keeper, or other person.
History: En. Sec. 60, Ch. 173, L. 1917; re-en. Sec. 3739, R.C.M. 1921; re-en. Sec. 3739, R.C.M. 1935; R.C.M. 1947, 26-803; amd. Sec. 2859, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 7. Sale of Game in Commercial Trade › 87-4-705. Noncompliance with law

87-4-705. Noncompliance with law.
It is unlawful for a person to have in the person's possession and offer for sale or sell any game or game birds without having complied with the provisions of 87-4-704 relating to the keeping of a record and shipping and transportation receipts.
History: En. Sec. 61, Ch. 173, L. 1917; re-en. Sec. 3740, R.C.M. 1921; re-en. Sec. 3740, R.C.M. 1935; amd. Sec. 23, Ch. 224, L. 1947; amd. Sec. 46, Ch. 9, L. 1977; R.C.M. 1947, 26-804; amd. Sec. 2860, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 8. Menageries, Sanctuaries, and Zoos › 87-4-801. Definitions

87-4-801. Definitions.
As used in this part unless the context requires otherwise, the following definitions apply:
(1) "Roadside menagerie" means any place where one or more wild animals, including birds, reptiles, and the like, are kept in captivity for the evident purpose of exhibition, attracting trade, or other commercial purposes on or off the facility premises. It does not include the exhibition of any animal by an educational institution or by a traveling theatrical exhibition or circus based outside of Montana.
(2) "Wild animal" means an animal that is wild by nature as distinguished from the common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles.
(3) "Wild animal menagerie" means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition.
(4) "Wildlife sanctuary" means a facility organized as a Montana nonprofit corporation pursuant to Title 35, chapter 2, or in good standing with and accredited by the American sanctuary association or the global federation of animal sanctuaries for the purpose of providing homes for nonreleasable wild animals. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization.
(5) "Zoo" means any zoological garden chartered as a nonprofit corporation by the state or in good standing with and accredited by the association of zoos and aquariums or the zoological association of America for the purpose of exhibiting wild animals for public viewing. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization.
History: En. Sec. 1, Ch. 130, L. 1969; amd. Sec. 45, Ch. 511, L. 1973; R.C.M. 1947, 26-1205; amd. Sec. 2, Ch. 322, L. 1999; amd. Sec. 1, Ch. 211, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 8. Menageries, Sanctuaries, and Zoos › 87-4-802. Department regulations

87-4-802. Department regulations.
The department shall adopt and enforce reasonable regulations for the housing, care, treatment, feeding, and sanitation of animals kept in roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos, for the protection of the public from injury by those animals, and for the licensing of roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos.
History: En. Sec. 2, Ch. 130, L. 1969; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1206(2); amd. Sec. 3, Ch. 322, L. 1999; amd. Sec. 2, Ch. 211, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 8. Menageries, Sanctuaries, and Zoos › 87-4-803. Permits

87-4-803. Permits.
(1) The department may grant permits for roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos. Application for a permit must be made to the director on a form prescribed by the director. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25. Permits expire on December 31 but may be renewed upon payment of the annual fee and submission of a renewal application. This section does not apply to the United States, the state of Montana, or any county or city. A person who subscribes to any false statement in application for a permit is subject to the provisions of 87-6-715 and may be denied a permit.
(2) (a) A permit application for a roadside menagerie must include:
(i) the applicant's name and address;
(ii) the exact location of the facility;
(iii) a list of species and the number of animals to be held in the facility;
(iv) the type of facility contemplated, including cage specifications;
(v) a copy of all required federal permits for exhibition of wild animals; and
(vi) a copy of a liability insurance policy to cover bodily injury or property damage.
(b) A permit application for a wild animal menagerie must include:
(i) the applicant's name and address;
(ii) the exact location of the facility, together with the nature of the applicant's title to the land, whether in fee, under lease, by contract for deed, or otherwise;
(iii) a list of species and the number of animals to be held in the facility;
(iv) the type of facility contemplated, including cage specifications; and
(v) information demonstrating that the applicant is responsible.
(c) A permit application for a wildlife sanctuary or a zoo must include:
(i) the applicant's name and address;
(ii) the exact location of the facility;
(iii) a copy of the nonprofit corporation documents approved by the secretary of state's office;
(iv) a copy of the required federal permits for exhibition of wild animals; and
(v) if applicable, a copy of the association of zoos and aquariums, the zoological association of America, the American sanctuary association, or the global federation of animal sanctuaries accreditation program specific to the facility.
(3) Renewal applications for roadside menageries and wild animal menageries must include an accounting of all wild animals on the facility.
(4) A permit may not be granted by the department until it has satisfactorily verified that the provisions for housing and caring for the animals and for protecting the public are proper and adequate and in accordance with the standards established by the department.
(5) A permit is not transferable to another person.
History: En. Secs. 2, 3, Ch. 130, L. 1969; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1206(1), 26-1207; amd. Sec. 4, Ch. 322, L. 1999; amd. Sec. 112, Ch. 258, L. 2011; amd. Sec. 3, Ch. 211, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 8. Menageries, Sanctuaries, and Zoos › 87-4-804. Permit to obtain wild animals

87-4-804. Permit to obtain wild animals.
(1) It is unlawful to obtain healthy wild animals for a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo by capture from the wild or by purchase except that the capture and holding of injured wildlife or wildlife deemed nonreleasable by the department and the United States fish and wildlife service due to injury, human conflict, or seizure is permissible in accordance with the terms of a permit issued pursuant to this section.
(2) Application for a capture permit may be made only by a wildlife sanctuary or a zoo and must be made to the director on a form prescribed by the director. After investigation by the department, the director may issue a capture permit without charge if the director finds:
(a) that all provisions of this part and of the department regulations are complied with by the applicant; and
(b) that the number and species of wildlife desired is not excessive under the circumstances.
(3) If wild animals are to be obtained by capture for use in a wildlife sanctuary or a zoo, the permit must designate the number and the means of capture, but ownership of the wild animals captured must remain in the state of Montana.
(4) Roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos may obtain captive-bred wild animals from a licensed zoo, menagerie, alternative livestock ranch, fur farm, game bird farm, wildlife sanctuary, or animal rehabilitation center.
(5) Wild animals may be bought, sold, or transferred under regulations that the department prescribes.
(6) The number of wild animals in a wild animal menagerie may not exceed 10.
History: En. Sec. 4, Ch. 130, L. 1969; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1208; amd. Sec. 5, Ch. 322, L. 1999; (5) and (6) En. Sec. 7, Ch. 322, L. 1999; amd. Sec. 4, Ch. 211, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 8. Menageries, Sanctuaries, and Zoos › 87-4-805. Repealed

87-4-805. Repealed.
Sec. 8, Ch. 322, L. 1999.
History: En. Sec. 5, Ch. 130, L. 1969; R.C.M. 1947, 26-1209.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 8. Menageries, Sanctuaries, and Zoos › 87-4-806. Inspection, permit revocation, and redemption of wildlife

87-4-806. Inspection, permit revocation, and redemption of wildlife.
A roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo and all equipment used in connection with a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo must be open to inspection at all reasonable hours. If upon inspection it is found that the roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo is not being operated in accordance with this part or with the department regulations, the director may revoke the permit without right of renewal. If a permit is revoked, the department shall take possession of all wildlife obtained by capture or unlawful propagation.
History: En. Sec. 6, Ch. 130, L. 1969; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1210; amd. Sec. 6, Ch. 322, L. 1999; amd. Sec. 5, Ch. 211, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 8. Menageries, Sanctuaries, and Zoos › 87-4-807. Enforcement and penalty

87-4-807. Enforcement and penalty.
(1) The provisions of this part must be enforced by any warden or any other legally authorized officer. Any person violating the provisions of this part shall upon conviction be punished as provided in 87-6-715, and at the discretion of the court, the permit and all rights and privileges inherent in the permit may be forfeited.
(2) Any animals being kept in violation of any section of this part may be confiscated or ordered disposed of at the discretion of the director. The permittee may appeal to the commission within 20 days of the date of the order to confiscate, and the commission shall hold a hearing on an appeal. The decision of the commission is final.
History: En. Sec. 7, Ch. 130, L. 1969; amd. Sec. 5, Ch. 465, L. 1977; R.C.M. 1947, 26-1211; amd. Sec. 113, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 8. Menageries, Sanctuaries, and Zoos › 87-4-808. Fines, bonds, penalties, and fees

87-4-808. Fines, bonds, penalties, and fees.
Fines, bonds, or penalties, except those obtained by a justice's court, shall be administered and disposed of in accordance with the provisions of 87-1-601. Fees obtained under this part must be deposited with the department of revenue and credited to the state special revenue fund, fish and game account.
History: En. Sec. 8, Ch. 130, L. 1969; amd. Sec. 46, Ch. 511, L. 1973; R.C.M. 1947, 26-1212; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 63, Ch. 557, L. 1987; amd. Sec. 46, Ch. 257, L. 2001.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-901. Definitions

87-4-901. Definitions.
For purposes of this part, the following definitions apply:
(1) "Game bird farm" means an enclosed area upon which game birds may be kept for purposes of obtaining, rearing in captivity, keeping, and selling game birds or parts of game birds as authorized under this part.
(2) "Game birds" means all birds defined as upland game birds in 87-2-101.
History: En. Sec. 20, Ch. 570, L. 1983; amd. Sec. 8, Ch. 499, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-902. Exemption

87-4-902. Exemption.
This part does not apply to:
(1) a person who owns, controls, or propagates game birds for purposes other than sale or conveyance of game birds or parts of game birds and who notifies the department and receives its written authorization and exemption;
(2) the holder of a migratory game bird avicultural permit under 87-2-807; or
(3) the holder of a shooting preserve license under Title 87, chapter 4, part 5, who uses temporary holding pens pursuant to 87-4-530.
History: En. Sec. 21, Ch. 570, L. 1983; amd. Sec. 2, Ch. 262, L. 1985; amd. Sec. 2, Ch. 132, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-903. Game bird farm license required

87-4-903. Game bird farm license required.
Except as provided in 87-4-902, a person may not own, control, or propagate game birds unless the person holds a current game bird farm license from the department. A person who violates this section is subject to the penalties provided in 87-6-716.
History: En. Sec. 22, Ch. 570, L. 1983; amd. Sec. 2861, Ch. 56, L. 2009; amd. Sec. 114, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-904. Application for game bird farm license -- limitation on issuance

87-4-904. Application for game bird farm license -- limitation on issuance.
(1) A person desiring to obtain a game bird farm license shall make a written application to the department. The application must specify:
(a) the name of the applicant;
(b) the applicant's address;
(c) the species of game bird and any plans to propagate them;
(d) the legal description of the lands to be included;
(e) the type of fence or enclosure that the applicant contemplates erecting;
(f) the source of game birds; and
(g) for a nonresident owner, the name and address of a local resident agent.
(2) (a) A game bird farm license may be issued only to a responsible applicant who owns or leases the premises on which the operations are to be conducted and who has properly fenced or otherwise enclosed the place where the game bird farm is to be located.
(b) A game bird farm owned by a nonresident must have a resident agent who is responsible for the daily operation of the farm and who is authorized by the nonresident owner to receive service of process.
(3) Within 30 days of receiving the application, the department shall notify the applicant of its decision to approve or deny the application. If the required fencing or enclosure has not been completed, the department shall approve the application subject to the fencing or enclosure being completed. If the application is denied, the department shall specify the reasons for denial.
History: En. Sec. 23, Ch. 570, L. 1983; amd. Sec. 2862, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-905. License and renewal fee -- deposit of fees

87-4-905. License and renewal fee -- deposit of fees.
(1) Game bird farm license and annual renewal fees must be set by department rule.
(2) The fees must be deposited in the state special revenue fund for the use of the department for purposes of this part.
History: En. Sec. 24, Ch. 570, L. 1983; amd. Sec. 48, Ch. 281, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-906. Term of license -- conditions -- changes in operation

87-4-906. Term of license -- conditions -- changes in operation.
(1) A game bird farm license is valid only for the license year for which it is issued. The licensee shall apply for renewal annually, and the department shall renew the license if the licensee has not violated any provision under which the license was granted.
(2) The licensee shall notify the department of any proposed changes in the species managed or in the size or location of the enclosure prior to the institution of such change.
History: En. Sec. 25, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-908. Inspection

87-4-908. Inspection.
Upon receipt of an application, the department shall inspect the game bird farm facilities and shall thereafter inspect the facilities and the records required to be kept by such farm on a scheduled basis or on such other reasonable basis as may be determined necessary.
History: En. Sec. 27, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-909. Game farm birds as private property

87-4-909. Game farm birds as private property.
All birds lawfully raised in a licensed game bird farm are the private property of the licensee, and the licensee may sell or transfer such birds as private property.
History: En. Sec. 28, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-910. Transportation of birds

87-4-910. Transportation of birds.
Any birds purchased for use on a game bird farm or any birds raised on a game bird farm may be transported only in compliance with Title 81, chapter 2, part 7, and applicable administrative rules.
History: En. Sec. 29, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-911. Sale of meat

87-4-911. Sale of meat.
A licensee may sell game farm birds or parts thereof only in compliance with all health laws applicable to the sale of game meat.
History: En. Sec. 30, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-912. Records and reporting

87-4-912. Records and reporting.
(1) Each licensee shall keep accurate records of the number and species of birds purchased, transferred, or sold and the name of each person to whom or from whom such birds were purchased, transferred, or sold.
(2) On or before January 31 of each year, each licensee shall file a report with the director, showing the number and species of birds on hand on January 1 and the number and kinds of birds purchased, transferred, or sold during the past year. All records described in this section must be kept for not less than 3 years.
History: En. Sec. 31, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-913. Rulemaking

87-4-913. Rulemaking.
The department may adopt and enforce only such rules as are necessary to implement the provisions of this part. The rules may address but are not limited to fencing requirements, reporting requirements, the care and maintenance of birds held by game bird farm operators, and licensing requirements for applicants.
History: En. Sec. 32, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-915. Repealed

87-4-915. Repealed.
Sec. 7, Ch. 103, L. 2019.
History: En. Sec. 34, Ch. 570, L. 1983; amd. Sec. 2863, Ch. 56, L. 2009; amd. Sec. 115, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 9. Game Bird Farms › 87-4-916. Revocation of license

87-4-916. Revocation of license.
(1) A game bird farm license may be revoked for failure to operate the game bird farm according to provisions of this part or rules adopted under this part.
(2) Upon discovery of a violation, the department shall give notice of such violation to the licensee, with a statement of a specific time by which the violation must be corrected.
(3) Upon failure of the licensee to correct the violation, the department may institute revocation proceedings. If the department institutes revocation proceedings, it shall provide reasonable notice and opportunity for a hearing to the licensee. After hearing, upon proof of violation, the department may revoke the game bird farm license.
History: En. Sec. 35, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1001. Definitions

87-4-1001. Definitions.
For purposes of this part, the following definitions apply:
(1) "Fur farm" means the enclosed land area upon which furbearers may be kept for purposes of obtaining, rearing in captivity, keeping, and selling furbearers or parts of furbearers as authorized under this part.
(2) "Furbearer" means a marten or sable, otter, muskrat, fisher, bobcat, lynx, wolverine, or beaver. The term does not include fox or mink.
History: En. Sec. 36, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1002. Fur farm license required -- applicability

87-4-1002. Fur farm license required -- applicability.
(1) Except as provided in subsection (2), a person may not own, control, or propagate furbearers unless the person holds a current fur farm license from the department.
(2) This part does not apply to the ownership, control, or propagation of furbearers if the ownership, control, or propagation is not for the sale or conveyance of furbearers or parts of furbearers.
(3) A person who violates this section is subject to the penalties provided in 87-6-717.
History: En. Sec. 37, Ch. 570, L. 1983; amd. Sec. 2864, Ch. 56, L. 2009; amd. Sec. 116, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1003. Application for license

87-4-1003. Application for license.
(1) A person desiring to obtain a fur farm license shall make a written application to the department. The application must specify:
(a) the name of the applicant;
(b) the applicant's address;
(c) the species of furbearers and any plan to propagate them;
(d) the legal description of the lands to be included;
(e) the type of fence that the applicant contemplates erecting;
(f) the source of furbearers.
(2) (a) A fur farm license may be issued only to a responsible applicant who owns or leases the premises on which the operations are to be conducted and who has properly fenced the place where the fur farm is to be located.
(b) Any fur farm owned by a nonresident must have a resident agent who is responsible for the daily operation of the fur farm and who is authorized by the nonresident owner to receive service of process.
(3) Within 30 days of receiving the application, the department shall notify the applicant of its decision to approve or deny the application. If required fencing has not been completed, the department shall approve the application subject to the fencing being completed. If the application is denied, the department shall specify the reasons for denial.
History: En. Sec. 38, Ch. 570, L. 1983; amd. Sec. 2865, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1004. License and renewal fee -- deposit

87-4-1004. License and renewal fee -- deposit.
(1) Fur farm license and annual renewal fees must be set by department rule.
(2) The fees must be deposited in the state special revenue fund for the use of the department for purposes of this part.
History: En. Sec. 39, Ch. 570, L. 1983; amd. Sec. 48, Ch. 281, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1005. Term of license -- conditions -- changes in operation

87-4-1005. Term of license -- conditions -- changes in operation.
(1) A fur farm license is valid only for the license year in which it is issued. The licensee shall apply for renewal annually, and the department shall renew the license if the licensee has not violated any provision under which it was granted.
(2) The licensee shall notify the department of any proposed changes in the species managed or in the size or location of the enclosure prior to the institution of such change.
History: En. Sec. 40, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1007. Inspection

87-4-1007. Inspection.
Upon receipt of an application for a license, the department shall inspect each fur farm and thereafter shall inspect each fur farm and the records required to be kept by such fur farm on a scheduled basis or on such other reasonable basis as may be determined necessary.
History: En. Sec. 42, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1008. Furbearers as private property

87-4-1008. Furbearers as private property.
All furbearers lawfully raised on a licensed fur farm are the private property of the licensee, and the licensee may sell or transfer such furbearers as private property.
History: En. Sec. 43, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1009. Transportation of furbearers

87-4-1009. Transportation of furbearers.
Any furbearers purchased for use on a fur farm or any furbearers raised on a fur farm may be transported only in compliance with Title 81, chapter 2, part 7, and applicable administrative rules.
History: En. Sec. 44, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1010. Sale of furs

87-4-1010. Sale of furs.
A fur farm owner who desires to sell furs shall comply with all the requirements of part 3 of this chapter.
History: En. Sec. 45, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1011. Records and reporting

87-4-1011. Records and reporting.
(1) Each licensee shall keep accurate records of the number and species of furbearers purchased, transferred, or sold and the name of each person to whom or from whom such furbearers were purchased, transferred, or sold.
(2) On or before January 31 of each year, each licensee shall file a report with the director, showing the number and species of furbearers on hand on January 1 and the number and species of furbearers purchased, transferred, or sold during the past year. All records described in this section must be kept for not less than 3 years.
History: En. Sec. 46, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1012. Rulemaking

87-4-1012. Rulemaking.
The department may adopt and enforce only such rules as are necessary to implement this part. The rules may address but are not limited to fencing requirements, reporting requirements, the care and maintenance of the furbearers held by fur farm operators, and licensing requirements for applicants.
History: En. Sec. 47, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 10. Fur Farms › 87-4-1013. Revocation of license

87-4-1013. Revocation of license.
(1) A fur farm license may be revoked for failure to operate the fur farm according to the provisions of this part or rules adopted under this part.
(2) Upon discovery of a violation, the department shall give notice of such violation to the licensee, with a statement of a specific time by which the violation must be corrected.
(3) Upon failure of the licensee to correct the violation, the department may institute revocation proceedings. If the department institutes revocation proceedings, it shall provide reasonable notice and opportunity for a hearing to the licensee. After hearing, upon proof of violation, the department may revoke the fur farm license.
History: En. Sec. 48, Ch. 570, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 11. General Provisions › 87-4-1101. Transfer of ownership interest in commercial licenses

87-4-1101. Transfer of ownership interest in commercial licenses.
Unless otherwise specifically provided in this chapter, the sale or transfer of an ownership interest in an incorporated entity that holds a commercial license issued pursuant to this chapter does not constitute a transfer of the license so long as the license remains in the name of the incorporated entity.
History: En. Sec. 24, Ch. 552, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-101. Short title

87-5-101. Short title.
This part shall be known and may be cited as "The Nongame and Endangered Species Conservation Act".
History: En. Sec. 1, Ch. 461, L. 1973; R.C.M. 1947, 26-1801.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-102. Definitions

87-5-102. Definitions.
As used in this part, the following definitions apply:
(1) "Account" means the nongame wildlife account established in 87-5-121.
(2) "Commercial purposes" means the collection, harvest, possession, or transportation of a species or subspecies of nongame wildlife from the wild with the intent to barter, offer for sale, ship or transport for eventual sale, or sell the animal or any part of the animal.
(3) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.
(4) "Endangered species" means a species or subspecies of wildlife that is actively threatened with extinction due to any of the following factors:
(a) the destruction, drastic modification, or severe curtailment of its habitat;
(b) its overutilization for scientific, commercial, or sporting purposes;
(c) the effect on it of disease, pollution, or predation;
(d) other natural or artificial factors affecting its prospects of survival or recruitment within the state; or
(e) any combination of the foregoing factors.
(5) "Management" means the collection and application of biological information for the purposes of conserving populations of wildlife consistent with other uses of land and habitat. The term includes the entire range of activities that constitute a modern scientific resource program, including but not limited to research, census, law enforcement, habitat improvement, control, and education. The term also includes the periodic protection of species or populations as well as regulated taking.
(6) "Nongame wildlife" means a wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this state. Animals designated by statute or regulation of this state as predatory in nature are not classified as nongame wildlife for purposes of this part.
(7) "Person" means an individual, firm, corporation, association, or partnership.
(8) "Take" means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife.
(9) "Wildlife" means a wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or any part, product, egg, or offspring or the dead body or parts of the animal.
History: En. Sec. 2, Ch. 461, L. 1973; amd. Sec. 12, Ch. 417, L. 1977; R.C.M. 1947, 26-1802(3), (part (4)), (5) thru (10); amd. Sec. 1, Ch. 627, L. 1983; amd. Sec. 1, Ch. 301, L. 2001; amd. Sec. 1, Ch. 521, L. 2001; amd. Sec. 1, Ch. 301, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-103. Legislative intent, findings, and policy

87-5-103. Legislative intent, findings, and policy.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Nongame and Endangered Species Conservation Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
(2) The legislature finds and declares all of the following:
(a) that it is the policy of this state to manage certain nongame wildlife for human enjoyment, for scientific purposes, and to ensure their perpetuation as members of ecosystems;
(b) that species or subspecies of wildlife indigenous to this state that may be found to be endangered within the state should be protected in order to maintain and, to the extent possible, enhance their numbers;
(c) that the state should assist in the protection of species or subspecies of wildlife that are considered to be endangered elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment within this state of species or subspecies of wildlife unless those actions will assist in preserving or propagating the species or subspecies.
History: En. Sec. 3, Ch. 461, L. 1973; R.C.M. 1947, 26-1803; amd. Sec. 36, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-104. Investigations by department

87-5-104. Investigations by department.
The department shall conduct investigations on nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. The department shall conduct ongoing investigations of nongame wildlife.
History: En. Sec. 4, Ch. 461, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1804(part).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-105. Regulations to manage nongame wildlife

87-5-105. Regulations to manage nongame wildlife.
(1) On the basis of the determinations made pursuant to 87-5-104, the department shall issue management regulations. The regulations must set forth species or subspecies of nongame wildlife that the department considers to be in need of management pursuant to 87-5-104 through 87-5-106, giving their common and scientific names by species and subspecies.
(2) The department shall by regulation establish limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment considered necessary to manage nongame wildlife that is designated in need of management.
History: En. Sec. 4, Ch. 461, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1804(part); amd. Sec. 7, Ch. 316, L. 2001.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-106. Unlawful acts

87-5-106. Unlawful acts.
Except as provided in regulations issued by the department, it shall be unlawful for any person to take, possess, transport, export, sell, or offer for sale nongame wildlife deemed by the department to be in need of management. Subject to the same exception, it shall further be unlawful for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife deemed by the department to be in need of management.
History: En. Sec. 4, Ch. 461, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1804(3).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-108. Establishment of programs

87-5-108. Establishment of programs.
(1) The director shall establish programs, including acquisition of land or aquatic habitat, that are considered necessary for management of nongame and endangered wildlife. The department shall establish policies that are necessary to carry out the purpose of 87-5-109 and this section.
(2) In carrying out programs authorized by this section, the department may enter into agreements with federal agencies, political subdivisions of the state, or with private persons for administration and management of any area established under 87-5-109 and this section or used for management of nongame or endangered wildlife.
(3) The governor shall review other programs administered by the governor and, to the extent practicable, use those programs in furtherance of the purposes of 87-5-109 and this section. The governor shall also encourage other state and federal agencies to use their authorities in furtherance of the purposes of 87-5-109 and this section.
History: En. Sec. 6, Ch. 461, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1806(1) thru (3); amd. Sec. 2866, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-109. Taking of species for educational, scientific, or other purposes

87-5-109. Taking of species for educational, scientific, or other purposes.
(1) The director may permit the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, on the United States' list of endangered native fish and wildlife, as amended and accepted in accordance with 87-5-107(5), or on the United States' list of endangered foreign fish and wildlife, as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.
(2) Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured, or destroyed but only pursuant to permit issued by the director and, where possible, by or under the supervision of an agent of the department. Endangered species may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the department pursuant to 87-5-105.
History: En. Sec. 6, Ch. 461, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1806(4), (5); amd. Sec. 153, Ch. 370, L. 1987.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-110. Department to issue regulations

87-5-110. Department to issue regulations.
The department shall issue such regulations as are necessary to carry out the purposes of this part.
History: En. Sec. 7, Ch. 461, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1807.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-111. Enforcement and penalty

87-5-111. Enforcement and penalty.
(1) Any person who violates the provisions of this part or whoever fails to procure or violates the terms of any permit issued thereunder shall be guilty of a misdemeanor.
(2) Upon a first conviction for a violation under this part, the court may fine the defendant not to exceed $250. Upon a second such conviction, the defendant may be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 30 days, or both. Upon subsequent such convictions, the defendant shall be fined not less than $500 or more than $1,000 and in addition may be imprisoned in the county jail for any term not to exceed 6 months.
(3) Any officer employed and authorized by the director or any peace officer of the state or of any municipality or county within the state shall have authority to enforce the provisions of this part.
(4) Wildlife seized under the provisions of this part shall be held by an officer or agent of the department pending disposition of court proceedings and thereafter be forfeited to the state for disposition as the director may deem appropriate. Prior to forfeiture, the director may direct the transfer of wildlife so seized to a qualified zoological, educational, or scientific institution for safekeeping. The department is authorized to issue regulations to implement this subsection.
History: En. Sec. 8, Ch. 461, L. 1973; amd. Sec. 1, Ch. 359, L. 1975; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1808.