reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 3. Fur Dealers › 87-4-301. Fur dealers defined

87-4-301. Fur dealers defined.
(1) A person or persons, firm, company, or corporation engaging in, carrying on, or conducting wholly or in part the business of buying or selling, trading, or dealing within the state of Montana in the skins or pelts of any animal or animals designated by the laws of Montana as fur-bearing or predatory animals is considered a fur dealer within the meaning of this part.
(2) If the fur dealer resides in or if the fur dealer's principal place of business is within the state of Montana, the fur dealer is considered a resident fur dealer. All other fur dealers are considered nonresident fur dealers.
History: En. Sec. 1, Ch. 42, L. 1929; re-en. Sec. 3778.3, R.C.M. 1935; R.C.M. 1947, 26-1301; amd. Sec. 2854, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 3. Fur Dealers › 87-4-302. Records and inspection

87-4-302. Records and inspection.
(1) A fur dealer shall keep a book in which shall be recorded separately on the date of each transaction the following facts:
(a) the number and kind of all skins or pelts purchased or sold by the fur dealer;
(b) the place where the skins or furs were killed or trapped and a separate record of all the skins or pelts as were killed or trapped outside this state;
(c) the trapping license number under which the furs or pelts were taken in cases where a trapper's license is required;
(d) the names and addresses of the persons to whom the skins or pelts were sold or from whom they were purchased.
(2) This book shall be open at all reasonable times to the inspection of the director or any warden or any United States game warden and shall be preserved and accessible for 1 year after the expiration of any license granted to the fur dealer.
History: En. Sec. 2, Ch. 42, L. 1929; re-en. Sec. 3778.4, R.C.M. 1935; amd. Sec. 47, Ch. 511, L. 1973; R.C.M. 1947, 26-1302.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 3. Fur Dealers › 87-4-303. Persons required to have fur dealer's license

87-4-303. Persons required to have fur dealer's license.
A fur dealer shall, before buying, selling, or in any manner dealing in the skins or pelts of any fur-bearing or predatory animal within this state, secure a fur dealer's license from the director. A license is not required for a hunter or trapper selling skins or pelts that the hunter or trapper has lawfully taken or for a person who is not a fur dealer who purchases skins or pelts exclusively for the person's own use and not for sale.
History: En. Sec. 3, Ch. 42, L. 1929; re-en. Sec. 3778.5, R.C.M. 1935; amd. Sec. 48, Ch. 511, L. 1973; R.C.M. 1947, 26-1303; amd. Sec. 2855, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 3. Fur Dealers › 87-4-304. License classification and fees

87-4-304. License classification and fees.
(1) The following classes of licenses may be issued and the following fees charged for the licenses:
(a) resident fur dealer's license, $10;
(b) nonresident fur dealer's license:
(i) the same as the fee charged in the nonresident's state of residence for a Montana fur dealer seeking licensure in that state; or
(ii) if the nonresident's state does not issue a nonresident fur dealer's license, $50;
(c) fur dealer's agent's license, $10.
(2) A person who is employed by a resident or nonresident fur dealer as a traveling fur buyer is considered a fur dealer's agent. A fur dealer's agent's license may be issued to any person who is employed as a fur buyer by a licensed resident or licensed nonresident fur dealer, providing that it is the responsibility of each fur dealer and fur dealer's agent to have the proper license before buying or dealing in furs as defined in 87-4-301.
History: En. Sec. 4, Ch. 42, L. 1929; re-en. Sec. 3778.6, R.C.M. 1935; amd. Sec. 1, Ch. 69, L. 1941; amd. Sec. 1, Ch. 188, L. 1945; R.C.M. 1947, 26-1304; amd. Sec. 1, Ch. 48, L. 1989; amd. Sec. 60, Ch. 16, L. 1991.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 3. Fur Dealers › 87-4-305. Issuance and expiration of licenses

87-4-305. Issuance and expiration of licenses.
The license required by this part shall be issued annually and shall expire on April 30 of each year, and no reduction in the fee charged for said license shall be made in any case where said license runs for less than 1 year.
History: En. Sec. 5, Ch. 42, L. 1929; re-en. Sec. 3778.7, R.C.M. 1935; R.C.M. 1947, 26-1305.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 3. Fur Dealers › 87-4-306. Violations

87-4-306. Violations.
A person, firm, company, or corporation may not violate any of the provisions of this part. A person convicted of a violation is subject to the penalties provided in 87-6-704.
History: En. Sec. 6, Ch. 42, L. 1929; re-en. Sec. 3778.8, R.C.M. 1935; amd. Sec. 33, Ch. 224, L. 1947; amd. Sec. 51, Ch. 9, L. 1977; R.C.M. 1947, 26-1306; amd. Sec. 107, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-401. Repealed

87-4-401. Repealed.
Sec. 51, Ch. 570, L. 1983.
History: En. Sec. 84, Ch. 173, L. 1917; amd. Sec. 1, Ch. 200, L. 1919; re-en. Sec. 3777, R.C.M. 1921; amd. Sec. 31, Ch. 192, L. 1925; amd. Sec. 1, Ch. 73, L. 1933; re-en. Sec. 3777, R.C.M. 1935; amd. Sec. 1, Ch. 120, L. 1947; amd. Sec. 1, Ch. 43, L. 1967; amd. Sec. 1, Ch. 78, L. 1971; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1201(part).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-402. Repealed

87-4-402. Repealed.
Sec. 51, Ch. 570, L. 1983.
History: En. Sec. 84, Ch. 173, L. 1917; amd. Sec. 1, Ch. 200, L. 1919; re-en. Sec. 3777, R.C.M. 1921; amd. Sec. 31, Ch. 192, L. 1925; amd. Sec. 1, Ch. 73, L. 1933; re-en. Sec. 3777, R.C.M. 1935; amd. Sec. 1, Ch. 120, L. 1947; amd. Sec. 1, Ch. 43, L. 1967; amd. Sec. 1, Ch. 78, L. 1971; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1201(part).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-403. Repealed

87-4-403. Repealed.
Sec. 51, Ch. 570, L. 1983.
History: En. Sec. 84, Ch. 173, L. 1917; amd. Sec. 1, Ch. 200, L. 1919; re-en. Sec. 3777, R.C.M. 1921; amd. Sec. 31, Ch. 192, L. 1925; amd. Sec. 1, Ch. 73, L. 1933; re-en. Sec. 3777, R.C.M. 1935; amd. Sec. 1, Ch. 120, L. 1947; amd. Sec. 1, Ch. 43, L. 1967; amd. Sec. 1, Ch. 78, L. 1971; R.C.M. 1947, 26-1201(part); amd. Sec. 2, Ch. 218, L. 1979.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-404. Repealed

87-4-404. Repealed.
Sec. 51, Ch. 570, L. 1983.
History: En. Sec. 84, Ch. 173, L. 1917; amd. Sec. 1, Ch. 200, L. 1919; re-en. Sec. 3777, R.C.M. 1921; amd. Sec. 31, Ch. 192, L. 1925; amd. Sec. 1, Ch. 73, L. 1933; re-en. Sec. 3777, R.C.M. 1935; amd. Sec. 1, Ch. 120, L. 1947; amd. Sec. 1, Ch. 43, L. 1967; amd. Sec. 1, Ch. 78, L. 1971; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1201(part).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-405. Repealed

87-4-405. Repealed.
Sec. 51, Ch. 570, L. 1983.
History: En. Sec. 84, Ch. 173, L. 1917; amd. Sec. 1, Ch. 200, L. 1919; re-en. Sec. 3777, R.C.M. 1921; amd. Sec. 31, Ch. 192, L. 1925; amd. Sec. 1, Ch. 73, L. 1933; re-en. Sec. 3777, R.C.M. 1935; amd. Sec. 1, Ch. 120, L. 1947; amd. Sec. 1, Ch. 43, L. 1967; amd. Sec. 1, Ch. 78, L. 1971; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1201(part).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-406. Definitions

87-4-406. Definitions.
As used in this part, the following definitions apply:
(1) "Alternative livestock" means a privately owned caribou, white-tailed deer, mule deer, elk, moose, antelope, mountain sheep, or mountain goat indigenous to the state of Montana, a privately owned reindeer, or any other cloven-hoofed ungulate as classified by the department. Black bear and mountain lion must be regulated pursuant to Title 87, chapter 4, part 8.
(2) "Alternative livestock ranch" means the enclosed land area upon which alternative livestock may be kept for purposes of obtaining, rearing in captivity, keeping, or selling alternative livestock or parts of alternative livestock, as authorized under this part.
(3) "Cloven-hoofed ungulate" means an animal of the order Artiodactyla, except a member of the families suidae, camelidae, or hippopotamidae. The term does not include domestic pigs, domestic cows, domestic yaks, domestic sheep, domestic goats that are not naturally occurring in the wild in their country of origin, or bison.
(4) "Department" means the department of fish, wildlife, and parks.
(5) "Facilities" means perimeter fences and other enclosures that provide for the confinement, handling, and quarantine of alternative livestock.
(6) "Game animals" means game animals, as defined in 87-2-101, that are not the lawful property of any private person.
(7) "Person" means an individual, firm, corporation, association, or partnership.
History: En. Sec. 1, Ch. 570, L. 1983; amd. Sec. 3, Ch. 540, L. 1985; amd. Sec. 1, Ch. 315, L. 1993; amd. Sec. 2, Ch. 503, L. 1995; amd. Sec. 1, Ch. 322, L. 1999; amd. Sec. 7, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-407. License required -- moratorium -- penalty -- seizure of illegally possessed animals

87-4-407. License required -- moratorium -- penalty -- seizure of illegally possessed animals.
(1) A person may not operate an alternative livestock ranch in this state without having first obtained an alternative livestock ranch license from the department prior to November 7, 2000. A person may not apply for or be granted a license after that date.
(2) A person who operates an alternative livestock ranch without a license or possesses, transports, buys, or sells animals whose importation into the state is restricted pursuant to 87-4-424 is subject to the penalties provided in 87-6-705.
(3) Any animal held in violation of subsection (2) or otherwise illegally possessed may be immediately seized by the department and is subject to disposal by the department. Costs of seizure may be charged to the person in possession of the animal.
History: En. Sec. 2, Ch. 570, L. 1983; amd. Sec. 2, Ch. 315, L. 1993; amd. Sec. 8, Ch. 574, L. 1999; amd. Sec. 1, Ch. 1, Sp. L. May 2000; amd. Sec. 1, I.M. No. 143, approved Nov. 7, 2000; amd. Sec. 108, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-408. Jurisdiction

87-4-408. Jurisdiction.
(1) The department has primary jurisdiction over alternative livestock ranches with regard to licensing, reports, recordkeeping, exterior fencing, classification of certain species under 87-4-424, unlawful capture under 87-4-418, inspection under 87-4-413, and enforcement of the functions listed in this subsection.
(2) The department of livestock has primary jurisdiction over alternative livestock ranches with regard to marking, inspection, transportation, importation, quarantine, hold orders, interior facilities, health, and enforcement of the functions listed in this subsection.
History: En. Sec. 3, Ch. 570, L. 1983; amd. Sec. 1, Ch. 531, L. 1991; amd. Sec. 3, Ch. 503, L. 1995; amd. Sec. 9, Ch. 574, L. 1999; amd. Sec. 2, I.M. No. 143, approved Nov. 7, 2000.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-409. Repealed

87-4-409. Repealed.
Sec. 9, I.M. No. 143, Nov. 7, 2000.
History: En. Sec. 4, Ch. 570, L. 1983; amd. Sec. 3, Ch. 315, L. 1993; amd. Sec. 10, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-410. Repealed

87-4-410. Repealed.
Sec. 9, I.M. No. 143, Nov. 7, 2000.
History: En. Sec. 5, Ch. 570, L. 1983; amd. Sec. 4, Ch. 503, L. 1995; amd. Sec. 11, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-411. License renewal fees -- deposit of fees

87-4-411. License renewal fees -- deposit of fees.
(1) The department shall charge an annual renewal alternative livestock ranch license fee based on the following scale:
(a) an alternative livestock ranch with 1 to 20 alternative livestock, a fee of $100;
(b) an alternative livestock ranch with 21 to 60 alternative livestock, a fee of $200; and
(c) an alternative livestock ranch with more than 60 alternative livestock, a fee of $400.
(2) The department of livestock shall assess a fee, not to exceed $50, for each alternative livestock imported into the state.
(3) (a) One-half of the fees collected pursuant to subsection (1) must be deposited in the state special revenue fund for the use of the department for purposes of this part.
(b) One-half of the fees collected pursuant to subsection (1) and all import fees collected pursuant to subsection (2) must be deposited in the state special revenue fund for the use of the department of livestock for purposes of this part.
History: En. Sec. 6, Ch. 570, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 5, Ch. 315, L. 1993; amd. Sec. 5, Ch. 503, L. 1995; amd. Sec. 12, Ch. 574, L. 1999; amd. Sec. 2, Ch. 1, Sp. L. May 2000; amd. Sec. 3, I.M. No. 143, approved Nov. 7, 2000.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-412. Term of license -- renewal -- transfer prohibited

87-4-412. Term of license -- renewal -- transfer prohibited.
(1) An alternative livestock ranch license expires on March 1 of the year succeeding the year of issuance. Application for renewal must be made before a license expires. The department shall renew the license upon payment of the renewal fee if the licensee has complied with all recording and reporting requirements.
(2) An alternative livestock ranch license for a specific facility is not transferable.
History: En. Sec. 7, Ch. 570, L. 1983; amd. Sec. 6, Ch. 315, L. 1993; amd. Sec. 13, Ch. 574, L. 1999; amd. Sec. 4, I.M. No. 143, approved Nov. 7, 2000.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-413. Inspection

87-4-413. Inspection.
The department may inspect the alternative livestock ranch or the licensee's alternative livestock ranch records on a scheduled basis or on another reasonable basis as may be determined necessary.
History: En. Sec. 8, Ch. 570, L. 1983; amd. Sec. 14, Ch. 574, L. 1999; amd. Sec. 5, I.M. No. 143, approved Nov. 7, 2000.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-414. Alternative livestock as private property -- source -- marking -- fee shooting prohibited

87-4-414. Alternative livestock as private property -- source -- marking -- fee shooting prohibited.
(1) All alternative livestock lawfully possessed on a licensed alternative livestock ranch are private property for which the licensee is responsible as provided by law.
(2) The licensee may acquire, breed, grow, keep, pursue, handle, harvest, use, sell, or dispose of the alternative livestock and their progeny in any quantity and at any time of year as long as the licensee complies with the requirements of this part, except that the licensee may not allow the shooting of game animals or alternative livestock, as defined in 87-2-101 or 87-4-406, or of any exotic big game species for a fee or other remuneration on an alternative livestock facility.
(3) A licensee shall mark alternative livestock in a manner approved by the department of livestock, as required under subsection (4), and that indicates ownership and provides individual identification of animals for inspection, transportation, reporting, and taxation purposes.
(4) The department of livestock is responsible for the control, tracking, and distribution of identification tags used for the marking of alternative livestock. The department of livestock shall require that all imported alternative livestock are marked within 30 days of importation and that all other alternative livestock are marked prior to January 1 of each year. Each alternative livestock must be marked with identification that:
(a) is unique to the animal;
(b) is nontransferable;
(c) has an emblem owned and registered by the department of livestock that is embossed on each identification tag; and
(d) allows for the identification of alternative livestock from a distance.
(5) Upon the request of a licensee, the department of livestock may grant a temporary waiver as to the time for identification and to the manner of identification if necessary to address a special circumstance.
(6) Alternative livestock must be lawfully acquired by the licensee. Alternative livestock may be kept only on a licensed alternative livestock ranch. A licensee who keeps alternative livestock owned by, leased to, or leased from another person shall comply with all of the requirements of this part as if the animal belonged to the licensee. Records and reports submitted by the licensee pursuant to 87-4-417 must identify any alternative livestock kept by the licensee during the reporting period and the name and address of the owner or lessee.
(7) Except as otherwise provided in this part, laws applicable to game animals do not apply to alternative livestock raised on a licensed alternative livestock ranch.
History: En. Sec. 9, Ch. 570, L. 1983; amd. Sec. 2, Ch. 531, L. 1991; amd. Sec. 7, Ch. 315, L. 1993; amd. Sec. 6, Ch. 503, L. 1995; amd. Sec. 15, Ch. 574, L. 1999; amd. Sec. 6, I.M. No. 143, approved Nov. 7, 2000.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-415. Transportation, sale, and disposal of alternative livestock -- quarantine

87-4-415. Transportation, sale, and disposal of alternative livestock -- quarantine.
(1) Prior to selling, transferring, transporting, or disposing of one or more alternative livestock, the alternative livestock ranch licensee shall request an inspection of the alternative livestock, which inspection must be completed by a department of livestock designated agent. All dead alternative livestock must be reported to the department of livestock within 1 working day of the discovery of the death.
(2) (a) Inspection under subsection (1) must be conducted pursuant to 81-3-203(1) through (3) and must include the number, species, age, sex, and individual identification numbers of alternative livestock transported or disposed of.
(b) A copy of the certificate of inspection must be provided by the department of livestock to the department within 10 days of inspection.
(3) The department of livestock may quarantine or issue a hold order on any alternative livestock pending inspection and health certification. The department shall notify the department of livestock regarding the importation or transportation of any alternative livestock that the department reasonably believes may be infected with a disease specific to wildlife.
History: En. Sec. 10, Ch. 570, L. 1983; amd. Sec. 3, Ch. 531, L. 1991; amd. Sec. 8, Ch. 315, L. 1993; amd. Sec. 7, Ch. 503, L. 1995; amd. Sec. 16, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-416. Sale of carcass and meat -- regenerative parts excluded

87-4-416. Sale of carcass and meat -- regenerative parts excluded.
(1) An alternative livestock ranch licensee may sell or otherwise dispose of the carcass of properly identified alternative livestock taken from an alternative livestock ranch in accordance with the provisions of 87-4-415. A copy of the certificate of inspection must be attached to the carcass or container. Upon the attaching of the certificate of inspection, the carcass of the alternative livestock may be transported within the state to the transferee named on the certificate of inspection.
(2) The licensee may sell alternative livestock for meat upon compliance with all applicable health laws.
(3) The sale of regenerative parts that may be harvested is specifically excluded from the requirements of this section.
History: En. Sec. 11, Ch. 570, L. 1983; amd. Sec. 9, Ch. 315, L. 1993; amd. Sec. 17, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-417. Records and reporting -- rules

87-4-417. Records and reporting -- rules.
(1) Each alternative livestock ranch licensee shall keep and maintain for 3 years accurate written records of all alternative livestock purchases, transfers, sales, births, and deaths, on forms provided by the department, showing:
(a) the number of each species of alternative livestock purchased by the alternative livestock ranch licensee and from whom purchased;
(b) the number of each species of alternative livestock transferred or sold, the date of transfer or sale, and the name and address of the person to whom the transfer or sale was made; and
(c) individual identification of each alternative livestock that was purchased, transferred, sold, or born or that died. However, a calf or fawn that dies prior to being marked pursuant to 87-4-414(4) need not be identified.
(2) Unless a different reporting frequency has been established pursuant to subsection (3), within 2 weeks after January 1 and July 1 of each year, the alternative livestock ranch licensee shall file a report with the department, showing the number and species of alternative livestock that were on hand as of January 1 and July 1 and the number and species of alternative livestock that escaped, that were bought, sold, transferred, recaptured, or born, or that died during the reporting period.
(3) The department may establish by rule the conditions under which the frequency of reporting requirements may be reduced to one report a year or increased to three reports a year. The department may establish by rule the conditions under which a licensee may submit an abbreviated report. In adopting those rules, the department shall consider the number of animals present on an alternative livestock ranch, the number of reported transactions during previous reporting periods, a history of accurate recordkeeping, and a historical absence of violations.
History: En. Sec. 12, Ch. 570, L. 1983; amd. Sec. 4, Ch. 531, L. 1991; amd. Sec. 10, Ch. 315, L. 1993; amd. Sec. 8, Ch. 503, L. 1995; amd. Sec. 18, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-418. Unlawful capture

87-4-418. Unlawful capture.
A person may not capture, take, or otherwise acquire any game animal in this state for use on an alternative livestock ranch.
History: En. Sec. 13, Ch. 570, L. 1983; amd. Sec. 19, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-419. Escape from alternative livestock ranch -- effect

87-4-419. Escape from alternative livestock ranch -- effect.
(1) If an alternative livestock animal escapes from an alternative livestock ranch, the alternative livestock licensee shall immediately notify the department of its escape and shall make every reasonable effort to recapture it. If the escaped animal cannot be recaptured within a reasonable time, the department may kill the animal. If recapture or killing of the animal is unsuccessful within a reasonable time, the animal becomes the property of the state.
(2) The department shall by rule adopt a definition of "reasonable time", as used in this section, taking into consideration specific seasonal issues related to breeding and disease.
History: En. Sec. 14, Ch. 570, L. 1983; amd. Sec. 9, Ch. 503, L. 1995; amd. Sec. 20, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-420. Taxation

87-4-420. Taxation.
All alternative livestock raised on an alternative livestock ranch may be assessed as personal property of the owner similar to other livestock.
History: En. Sec. 15, Ch. 570, L. 1983; amd. Sec. 21, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-422. Rulemaking

87-4-422. Rulemaking.
(1) The department may adopt and enforce rules that are necessary to implement the provisions of this part over which the department has primary jurisdiction and to coordinate regulation of alternative livestock ranches with the department of livestock.
(2) The department of livestock may adopt and enforce rules that are necessary to implement the provisions of this part over which the department of livestock has primary jurisdiction and to coordinate regulation of alternative livestock ranches with the department of fish, wildlife, and parks.
History: En. Sec. 17, Ch. 570, L. 1983; amd. Sec. 11, Ch. 315, L. 1993; amd. Sec. 10, Ch. 503, L. 1995; amd. Sec. 22, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-423. Revocation of license -- procedure -- disposition of animals

87-4-423. Revocation of license -- procedure -- disposition of animals.
(1) Proceedings for the revocation of a license or the discipline of a licensee must be based on a determination by the department, after an investigation, that there is good cause and a sufficient factual basis to believe that the licensee or the principal manager is responsible for one or more of the acts or omissions set out in 87-4-427(1).
(2) The department may initiate revocation or disciplinary proceedings against a licensee by specifying the grounds in writing to the licensee and providing an opportunity for a hearing as provided in 87-4-428.
(3) Upon discovery of a violation of recordkeeping or reporting requirements that is not a material violation or an attempt to deceive, the department shall give notice of the violation to the licensee, with a statement that the violation must be corrected within 30 days of the notice, unless a longer period is approved by the department. Upon failure of the licensee to correct the violation, the department may institute revocation proceedings.
(4) (a) A licensee whose license is revoked shall lawfully dispose of any alternative livestock held pursuant to the license. Lawfully acquired and held alternative livestock may be disposed of by the licensee within 180 days of the license revocation or within a longer period if specified by the department in the revocation order. After the expiration of this period, the department shall seize and dispose of any alternative livestock that have not been lawfully disposed of by the licensee. Any proceeds that remain after deducting the department's expenses revert to the licensee. Any unrecovered costs may be charged to the licensee.
(b) The department, when it is determined to be necessary by the state veterinarian appointed pursuant to 81-1-301, may require that diseased or potentially diseased alternative livestock be quarantined or destroyed.
History: En. Sec. 18, Ch. 570, L. 1983; amd. Sec. 5, Ch. 531, L. 1991; amd. Sec. 13, Ch. 315, L. 1993; amd. Sec. 23, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-424. Classification -- restrictions on importation of certain species

87-4-424. Classification -- restrictions on importation of certain species.
(1) In order to properly regulate importation:
(a) the department shall classify cloven-hoofed ungulates that have been determined through scientific investigation to pose a threat to native wildlife or livestock through nonspecific genetic dilution or habitat degradation or competition caused by feral populations of escaped alternative livestock and shall notify the department of livestock of any changes in classification as they occur; and
(b) the department of livestock shall classify cloven-hoofed ungulates that have been determined through scientific investigation to pose a threat to native wildlife or livestock through parasites or disease.
(2) The department of livestock shall restrict from importation for purposes of alternative livestock ranching any species or subspecies and their hybrids with native species that have been classified in accordance with subsection (1) as posing a threat to native wildlife or livestock. Importation permitted by the department of livestock must comply with the requirements of Title 81, chapter 2, part 7. Copies of import permits issued by the department of livestock must be shared with the department within 10 calendar days. Other pertinent documentation relating to importation must be shared as it becomes available.
History: En. Sec. 7, Ch. 531, L. 1991; amd. Sec. 14, Ch. 315, L. 1993; amd. Sec. 11, Ch. 503, L. 1995; amd. Sec. 24, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-426. Repealed

87-4-426. Repealed.
Sec. 9, I.M. No. 143, Nov. 7, 2000.
History: En. Sec. 4, Ch. 315, L. 1993; amd. Sec. 12, Ch. 503, L. 1995; amd. Sec. 25, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-428. Right to administrative hearing

87-4-428. Right to administrative hearing.
(1) A licensee must be given notice and an opportunity for a hearing before the department may refuse to renew a license, revoke a license, or discipline a licensee.
(2) The notice and an opportunity for a hearing and any judicial appeal must be conducted as provided in Title 2, chapter 4, parts 6 and 7.
History: En. Sec. 15, Ch. 315, L. 1993; amd. Sec. 27, Ch. 574, L. 1999; amd. Sec. 7, I.M. No. 143, approved Nov. 7, 2000.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-431. Repealed

87-4-431. Repealed.
Sec. 9, I.M. No. 143, Nov. 7, 2000.
History: En. Sec. 1, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-432. Repealed

87-4-432. Repealed.
Sec. 1, Ch. 26, L. 2013.
History: En. Sec. 13, Ch. 503, L. 1995; amd. Sec. 28, Ch. 574, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 4. Alternative Livestock Ranches › 87-4-433. Programmatic environmental review

87-4-433. Programmatic environmental review.
(1) The department, in cooperation with the department of livestock, shall, by July 1, 2001, conduct a programmatic review of environmental impacts that may be associated with the granting of a license to operate an alternative livestock ranch.
(2) In consultation with the department of livestock, the department shall select a contractor to prepare the programmatic environmental review, which must be in the form of an environmental impact statement.
(3) In addition to the department of livestock, the department shall seek the assistance and participation of other governmental agencies that have special expertise in areas that should be addressed in the programmatic.
History: En. Sec. 29, Ch. 574, L. 1999; amd. Sec. 8, I.M. No. 143, approved Nov. 7, 2000.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-501. Authorization for licenses, permits, rules, and regulations

87-4-501. Authorization for licenses, permits, rules, and regulations.
The department is hereby authorized and empowered to issue operating licenses or permits for shooting preserves, which may be privately owned and operated, and to make such rules and regulations as may be necessary and proper in carrying out the purposes of this part.
History: En. Sec. 1, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1601.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-502. Size, location, and posting of preserves

87-4-502. Size, location, and posting of preserves.
Operating licenses or permits may be issued to any person, partnership, association, or corporation for the operation of shooting preserves that meet the following requirements:
(1) Each shooting preserve must be restricted to not more than 2,560 contiguous acres and must be located in areas that will not substantially reduce hunting areas available to the public as determined by the department.
(2) The exterior boundaries of each shooting preserve must be clearly defined and posted with signs erected around the extremity at intervals of 250 feet or less.
History: En. Sec. 2, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1602; amd. Sec. 1, Ch. 408, L. 2009; amd. Sec. 11, Ch. 552, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-503. Fees

87-4-503. Fees.
Fees for shooting preserve licenses or permits must be $100 for each year for the first 320 acres of shooting preserve area, plus $40 for each year for each additional 160 acres and any fraction of 160 acres.
History: En. Sec. 4, Ch. 265, L. 1965; R.C.M. 1947, 26-1604; amd. Sec. 4, Ch. 499, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-504. Bird license or stamp required

87-4-504. Bird license or stamp required.
All persons hunting on shooting preserves must have a valid resident or nonresident upland game bird license or a 3-day nonresident shooting preserve bird hunting stamp issued under 87-2-404.
History: En. Sec. 11, Ch. 265, L. 1965; R.C.M. 1947, 26-1611; amd. Sec. 3, Ch. 105, L. 1987; amd. Sec. 1, Ch. 371, L. 1991.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-505. Commercial and membership licenses and permits

87-4-505. Commercial and membership licenses and permits.
Each shooting preserve license or permit issued by the department shall designate whether or not the preserve is open to the public on a commercial basis or is restricted to a membership or other limited group. In the latter case, the license or permit shall specify that the area is a restricted shooting preserve. The department shall maintain accurate listings of the names, addresses, and the location of the property of all persons to whom shooting preserve licenses or permits are issued. Said lists shall be made available in their entirety to anyone requesting same and shall specify whether the preserves are public or private.
History: En. Sec. 12, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1612.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-506. Revocation of license or permit and reissuance

87-4-506. Revocation of license or permit and reissuance.
The department may revoke any shooting preserve license or permit issued under the authority of this part when the licensee has violated any of the provisions of this part or any rule or regulation of the department. After such revocation, a new license or permit may be issued if in the discretion of the department the circumstances so warrant.
History: En. Sec. 13, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1613.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-521. Duration of season

87-4-521. Duration of season.
The season established for shooting preserves is the 7-month period beginning September 1 and ending March 31.
History: En. Sec. 7, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1607; amd. Sec. 2, Ch. 371, L. 1991.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-522. Game hunted in preserve

87-4-522. Game hunted in preserve.
(1) Game that may be hunted under this part must be confined to artificially propagated ring-necked pheasants with no color mutations, chukar partridges, Merriam's turkeys, Hungarian partridges, and other species authorized by the department.
(2) A minimum of 100 birds cumulative of all species authorized to be hunted in an individual shooting preserve must be released each year on the licensed area during the shooting preserve season.
(3) Artificially propagated upland game birds released on a shooting preserve during the shooting preserve season must be at least 14 weeks of age and must be marked prior to release in a manner that distinguishes them from wild upland game birds.
(4) For each shooting preserve season, a shooting preserve operator shall maintain a record of the total number, by species and source, of artificially propagated upland game birds released and harvested and the number of wild upland game birds harvested in the preserve. The record must be open to inspection by a delegated representative of the department at any reasonable time and must be the basis on which the game-recovery limits in 87-4-523 are determined.
History: En. Sec. 3, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1603; amd. Sec. 5, Ch. 499, L. 2003; amd. Sec. 12, Ch. 552, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-523. Amount of game recoverable

87-4-523. Amount of game recoverable.
The operating licenses or permits issued by the department shall entitle holders thereof and their members, guests, or patrons to recover not more than 80% of the total number of each species of game released on the premises each year.
History: En. Sec. 5, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1605.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-524. Preserve operators to establish shooting restrictions

87-4-524. Preserve operators to establish shooting restrictions.
(1) Except for required compliance with the game recovery restriction provided in 87-4-523, shooting preserve operators licensed prior to July 1, 2003, may establish their own shooting limitations and restrictions on the age, sex, and number of each species that may be taken by each person.
(2) The department may impose restrictions on a shooting preserve license issued after July 1, 2003, in an area that supports existing native upland game bird species if the department determines that the restrictions are necessary to protect native populations. The restrictions must be based on sound biological principles.
History: En. Sec. 6, Ch. 265, L. 1965; R.C.M. 1947, 26-1606; amd. Sec. 6, Ch. 499, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-525. Tagging of game

87-4-525. Tagging of game.
All harvested game shall be tagged with a self-sealing tag prior to being either consumed on the premises or removed therefrom, such tags to remain affixed until the game actually is prepared for consumption. The department shall furnish tags at nominal cost to shooting preserve operators, the tags to be numbered consecutively and dated by year of issuance.
History: En. Sec. 8, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1608.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-526. Repealed

87-4-526. Repealed.
Sec. 25, Ch. 552, L. 2021.
History: En. Sec. 9, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1609; amd. Sec. 7, Ch. 499, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-527. Wild game on preserve

87-4-527. Wild game on preserve.
Any wild game found on shooting preserves may be harvested in accordance with applicable license, game, and hunting laws pertaining to open seasons, bag and possession limits, and rules, as are established regularly by the department and the U.S. fish and wildlife service.
History: En. Sec. 10, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1610; amd. Sec. 3, Ch. 371, L. 1991.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-528. Unscheduled inspections by department

87-4-528. Unscheduled inspections by department.
The department shall conduct unscheduled inspections of all shooting preserves licensed under this part to ensure that pertinent statutes as well as the rules and regulations of the department are being followed and obeyed.
History: En. Sec. 14, Ch. 265, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1614.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 5. Shooting Preserves › 87-4-530. Use of temporary holding pens

87-4-530. Use of temporary holding pens.
(1) During the shooting preserve season established in 87-4-521, artificially propagated upland game birds may be held in temporary holding pens for up to 120 days after being delivered to a shooting preserve to acclimate them to the shooting preserve environment.
(2) Any bird held in a temporary holding pen that has not been released on the shooting preserve may not be sold without obtaining a game bird farm license under Title 87, chapter 4, part 9.
History: En. Sec. 1, Ch. 132, L. 2013; amd. Sec. 13, Ch. 552, L. 2021.
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 › 87-4-602. Seining licenses

87-4-602. Seining licenses.
The director shall keep a record of all licenses issued for the use of a net for the taking of fish, showing the name of the applicant, the date of issuance, the waters that the netting is to be used in, and the date of revocation if the license is revoked. The director shall pay all fees received for those licenses into the state treasury to the credit of the fish and game account in the state special revenue fund. A license may not be issued to a person whose license has been revoked for cause.
History: En. Sec. 23, Ch. 173, L. 1917; re-en. Sec. 3715, R.C.M. 1921; re-en. Sec. 3715, R.C.M. 1935; amd. Sec. 30, Ch. 511, L. 1973; R.C.M. 1947, 26-333; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2856, Ch. 56, L. 2009.
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 › 87-4-604. Repealed

87-4-604. Repealed.
Sec. 4, Ch. 246, L. 1989.
History: En. Sec. 1, Ch. 13, L. 1965; amd. Sec. 45, Ch. 9, L. 1977; R.C.M. 1947, 26-708.
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 › 87-4-605. Records and report of whitefish sales by fishing license holders

87-4-605. Records and report of whitefish sales by fishing license holders.
A holder of a fishing license who catches whitefish for speculative purposes, for market, or for sale shall keep a record and make an annual report to the department of the number of whitefish sold and the date of each sale. The annual report shall be submitted to the appropriate department regional office within 15 days of the end of the license year.
History: En. Sec. 2, Ch. 52, L. 1979.
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 › 87-4-606. Term of fish pond license -- fees -- site inspections -- license not transferable -- exception for transfer

87-4-606. Term of fish pond license -- fees -- site inspections -- license not transferable -- exception for transfer.
(1) Except as provided in subsections (3) and (4), a fish pond license issued pursuant to 87-4-603 is valid for 10 years.
(2) There is a $10 application fee and a $10 renewal fee for each fish pond license.
(3) (a) Except as provided in subsections (3)(b) and (4), a fish pond license expires on February 28 of the 10th year succeeding the year of issuance or renewal.
(b) A licensee who sells fish or eggs under 87-4-603 shall renew the license annually. The license expires on February 28 of the year succeeding the year of issuance.
(c) An application for renewal must be made before a license expires. The department shall renew the license if the licensee has not violated any condition upon which the license was granted and if the licensee has met all of the requirements governing private fish ponds in 87-4-603 and this section.
(4) A new license is required when a licensee proposes to plant a new species or stock a pond not designated in the original license.
(5) (a) Except as provided in subsection (5)(b), a fish pond license granted under 87-4-603 is not transferable.
(b) If ownership or control of the private fish pond changes, the new owner or operator shall apply to the department for a license transfer. The transfer must be approved by the department before the new owner or operator may continue operation of the private fish pond.
(c) A transferred license retains the remaining portion of the original license's term.
History: En. Sec. 10, Ch. 376, L. 1989; amd. Sec. 1, Ch. 157, L. 2005; amd. Sec. 2, Ch. 277, L. 2019.
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 › 87-4-607. Revocation of fish pond license

87-4-607. Revocation of fish pond license.
(1) A fish pond license or a temporary fish pond license issued pursuant to 87-4-603 may be revoked for failure to operate or use the pond according to the terms or conditions of the license or any statute, rule, or order covering importation, transportation, or introduction of fish or eggs.
(2) If the department discovers a violation under this section, it may institute revocation proceedings after providing reasonable notice and opportunity for a hearing to the licensee. After hearing and upon proof of the violation, the department may revoke the fish pond license.
History: En. Sec. 11, Ch. 376, L. 1989; amd. Sec. 3, Ch. 277, L. 2019.
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 › 87-4-608. Repealed

87-4-608. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 1, Ch. 456, L. 1993.