reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-207. Unlawful use of boat

87-6-207. Unlawful use of boat.
(1) A person may not use a motorboat or a sailboat as defined in 23-2-502 for the purpose of killing, capturing, taking, pursuing, concentrating, driving, or stirring up any upland game bird, migratory bird, game animal, or fur-bearing animal until the motor is shut off or the sails are furled and the progress of the vessel has ceased.
(2) The following penalties apply for a violation of this section:
(a) Unless otherwise provided in this subsection (2), a person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(b) If a person is convicted or forfeits bond or bail after being charged with unlawful use of a boat to kill or take a mountain sheep, moose, wild buffalo, caribou, mountain goat, black bear, or grizzly bear, the person shall be fined not less than $500 or more than $2,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 30 months from the date of conviction or forfeiture unless the court imposes a longer period.
(c) If a person is convicted or forfeits bond or bail after being charged with unlawful use of a boat to kill or take a deer, antelope, elk, or mountain lion, the person shall be fined not less than $300 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period.
(d) If a person is convicted or forfeits bond or bail after being charged with unlawful use of a boat to kill or take a fur-bearing animal, the person shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.
History: En. Sec. 14, Ch. 258, L. 2011; amd. Sec. 2, Ch. 355, L. 2013; amd. Sec. 16, Ch. 552, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-214. Unlawful contest or prize

87-6-214. Unlawful contest or prize.
(1) (a) Except as provided in subsections (1)(b) through (1)(d), a person, firm, or club may not offer or give a prize, gift, or anything of value in connection with or as a bag limit prize for the taking, capturing, killing, or in any manner acquiring any game, fowl, or fur-bearing animal or any bird or animal protected by law.
(b) A prize may be awarded for any one game bird or fur-bearing animal on the basis of size, quality, or rarity.
(c) A person may conduct or sponsor a contest for which the monetary prize, certificate, or award does not exceed $50 for a person who kills a game animal possessing the largest antlers or horns, carrying the greatest weight, or having the longest body or any similar contest based upon the size or weight of a game animal or part of a game animal. The monetary restriction provided in this subsection (1)(c) does not apply to recognition given by a nationally established and recognized Boone and Crockett trophy institute.
(d) Reimbursements for receipts of costs incurred related to the hunting or trapping of wolves may be given to persons licensed to hunt or trap wolves pursuant to Title 87, chapter 2.
(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 15, Ch. 258, L. 2011; amd. Sec. 1, Ch. 286, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-215. Harassment

87-6-215. Harassment.
(1) (a) A person may not:
(i) intentionally interfere with the lawful taking of a wild animal or fishing by another;
(ii) with intent to prevent or hinder its lawful taking or its capture, disturb a wild animal or engage in an activity or place in its way any object or substance that will tend to disturb or otherwise affect the behavior of a wild animal; or
(iii) disturb an individual engaged in the lawful taking of a wild animal or fishing with intent to prevent the taking of the animal or the capture of the fish.
(b) This subsection (1) does not:
(i) prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment; or
(ii) prohibit or curtail normal landowner operations or lawful uses of water.
(2) A person convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not more than $500 or be imprisoned for not more than 30 days, or both. In addition, the person may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(3) A person convicted of or who forfeits bond or bail after being charged with a second or subsequent violation of this section within 5 years shall be fined not less than $500 or more than $1,000 or be imprisoned for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless the court imposes a longer period.
(4) A court of general jurisdiction may enjoin conduct in violation of this section upon petition by a person affected or who reasonably may be affected by that conduct and upon a showing that the conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.
(5) As used in this section:
(a) "fishing" means the lawful means of fishing as described in 87-6-501;
(b) "taking" means the pursuit, hunting, trapping, shooting, or killing of a wild animal on land upon which the affected person has the right or privilege to pursue, hunt, trap, shoot, or kill the wild animal; and
(c) "wild animal" means a game animal, migratory game bird, upland game bird, fur-bearing animal, predatory animal, or fish.
History: En. Sec. 16, Ch. 258, L. 2011; amd. Sec. 1, Ch. 408, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-216. Unlawful supplemental feeding -- exemption

87-6-216. Unlawful supplemental feeding -- exemption.
(1) Except as provided in subsection (2), a person may not provide supplemental feed attractants to game animals or wild turkeys by:
(a) purposely or knowingly attracting any cloven-hoofed ungulates, bears, mountain lions, or wild turkeys with supplemental feed attractants;
(b) after having received a previous warning, negligently failing to properly store supplemental feed attractants and allowing any cloven-hoofed ungulates, bears, mountain lions, or wild turkeys access to the supplemental feed attractants; or
(c) purposely or knowingly providing supplemental feed attractants in a manner that results in an artificial concentration of game animals or wild turkeys that may potentially contribute to the transmission of disease or that constitutes a threat to public safety.
(2) A person may provide supplemental feed to wild turkeys unless the department finds that supplemental feed harms the local population of wild turkeys or creates a public nuisance as defined in 45-8-111.
(3) A person is not subject to civil or criminal liability under this section if the person is engaged in:
(a) the normal feeding of livestock;
(b) a normal agricultural practice;
(c) cultivation of a lawn or garden;
(d) the commercial processing of garbage; or
(e) recreational feeding of birds unless, after having received a previous warning by the department, the person continues to feed birds in a manner that attracts cloven-hoofed ungulates, bears, or wild turkeys and that may contribute to the transmission of disease or constitute a threat to public safety.
(4) This section does not apply to supplemental feeding activities conducted by the department for disease control purposes.
(5) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 17, Ch. 258, L. 2011; amd. Sec. 1, Ch. 417, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-217. Shooting at simulated wildlife

87-6-217. Shooting at simulated wildlife.
(1) A person may not discharge a firearm or other hunting implement at a simulated wildlife decoy in violation of any state statute or commission rule regulating the hunting of the wildlife being simulated when the decoy is being used by a certified peace officer.
(2) A person convicted of a violation of this section is subject to the same penalty as prescribed for the state statute or commission rule violated during the attempted hunting of the actual wildlife being simulated. In addition, the person shall pay restitution of $50 to the department for the repair of damages to simulated wildlife decoys.
History: En. Sec. 18, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-218. Checking station offenses

87-6-218. Checking station offenses.
(1) A person, upon the request of the director, the director's authorized representative, or any game warden, shall produce for inspection any current fish and game license or statement of possession pursuant to 87-3-310 that has been issued to the person and any game animals, birds, fish, or fur-bearing animals in the person's possession. Hunters or anglers entering or leaving areas for which checking stations have been established shall stop and report if a checking station is on the hunter's or angler's route of travel to or from the hunting or fishing area and personnel are on duty.
(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 19, Ch. 258, L. 2011; amd. Sec. 6, Ch. 238, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-219. Unlawful relocation of fish

87-6-219. Unlawful relocation of fish.
(1) A person or firm may not:
(a) place or cause to be placed caged live fish in any of the public waters of the state of Montana, except as provided by department regulation;
(b) without written department approval, move live or dead salmonid fish or eggs from one in-state location to another when the fish or eggs are known to be infected with fish pathogens specified by the department as posing a threat to fisheries;
(c) import live salmonid fish or eggs into Montana without meeting the requirements of 87-3-221; or
(d) discard, place, or allow uncertified salmonid fish, parts, or eggs that have been transported into Montana to enter into surface waters other than sewage or disposal systems pursuant to 87-3-222(2).
(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 20, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-220. Repealed

87-6-220. Repealed.
Sec. 7, Ch. 103, L. 2019.
History: En. Sec. 21, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-221. Imported urine -- use or sale prohibited

87-6-221. Imported urine -- use or sale prohibited.
(1) Except as provided in subsection (2), the use or sale of deer or elk urine to mask human odor is prohibited if the urine originated in a state or province with documented occurrences of chronic wasting disease as determined by the commission.
(2) The commission may allow deer or elk urine otherwise prohibited by subsection (1) if the deer or elk urine is produced in a facility that the commission determines:
(a) complies with a federal or a federally approved chronic wasting disease herd certification program and any federal chronic wasting disease protocols and record requirements;
(b) does not allow importation of live cervids, except in cases of catastrophic loss or herd replenishment;
(c) requires that all cervids exported from the facility be tested for chronic wasting disease upon death and the results be reported to the facility;
(d) is inspected annually by an accredited veterinarian, including inspection of the herd and applicable records; and
(e) maintains a fence at least 8 feet high around the facility and, if the facility is located within 30 miles of a confirmed positive occurrence of chronic wasting disease, is double fenced to prevent direct contact between captive and wild cervids.
(3) (a) Except as provided in subsection (3)(b), a violation of this section is a misdemeanor punishable by a fine of up to $500 for each separate offense.
(b) Through January 31, 2019, violators of this section must be issued a warning but may not be fined.
History: En. Sec. 1, Ch. 423, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-222. Fish and wildlife location data -- penalties

87-6-222. Fish and wildlife location data -- penalties.
(1) Unless specifically authorized by the department, a person who obtains exact coordinate location data from the department may not use the data or transfer the data to another person to use in a way that harms, harasses, or kills fish or wildlife. A person who uses, transfers, or receives exact coordinate location data in violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both.
(2) Upon conviction or forfeiture of bond or bail, the person may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(3) A person convicted under this section may be subject to the additional penalties provided in 87-6-901 through 87-6-903.
(4) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907.
History: En. Sec. 1, Ch. 259, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 2. General Hunting, Fishing, and Trapping Offenses -- Related Offenses › 87-6-240. Unlawful recovery and possession of horns and skulls from mountain sheep that died of natural causes

87-6-240. Unlawful recovery and possession of horns and skulls from mountain sheep that died of natural causes.
(1) For a mountain sheep that died of natural causes, a person may not:
(a) recover or possess a horn or horns and attached skull, or portion thereof, in violation of the provisions of 87-3-315;
(b) alter, deface, or remove a pin placed in a horn by the department;
(c) possess a horn that bears an altered, defaced, or counterfeit pin or from which a pin placed by the department was removed.
(2) (a) A person who is convicted of or who forfeits bond or bail after being charged with a violation of this section shall be:
(i) fined up to $2,000 if the violation involved a horn or horns with less than a three-fourths curl or up to $30,000 if the violation involved a horn or horns equal to or greater than a three-fourths curl;
(ii) imprisoned in the county detention center for not more than 6 months; or
(iii) both fined and imprisoned pursuant to subsections (2)(a)(i) and (2)(a)(ii).
(b) In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 2, Ch. 244, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-301. Hunting, fishing, or trapping without license

87-6-301. Hunting, fishing, or trapping without license.
(1) Except as provided in 87-2-311 and subsection (2) of this section, a person may not:
(a) hunt or trap or attempt to hunt or trap any game animal, game bird, or fur-bearing animal or fish for any fish within this state or possess within this state any game animal, game bird, fur-bearing animal, game fish, or parts of those animals or birds except as provided by law or as provided by the department;
(b) hunt or trap or attempt to hunt or trap any game animal, game bird, or fur-bearing animal or fish for any fish, except at the places and during the periods and in the manner established by law or as prescribed by the department;
(c) hunt or trap or attempt to hunt or trap any game animal, game bird, or fur-bearing animal or fish for any fish within this state or possess, sell, purchase, ship, or reship any imported or other fur-bearing animal or parts of fur-bearing animals without first having obtained a proper and valid license or permit from the department to do so;
(d) trap or attempt to trap predatory animals or nongame wildlife without a license, as prescribed in 87-2-603, if that person is not a resident; or
(e) hunt migratory game birds without first having obtained a valid migratory game bird license from the department.
(2) The provisions of this section do not require a person who accompanies a licensed disabled hunter, as authorized under 87-2-803, to be licensed in order to kill or attempt to kill a game animal that has been wounded by a disabled hunter when the disabled hunter is unable to pursue and kill the wounded game animal. However, the person must meet the qualifications for a license in the person's state of residence.
(3) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(4) A person convicted of hunting without a license may be subject to the additional penalties provided in 87-6-901 and 87-6-902.
(5) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907.
History: En. Sec. 22, Ch. 258, L. 2011; amd. Sec. 3, Ch. 316, L. 2011; amd. Sec. 32, Ch. 449, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-302. Unlawful procurement of license, permit, or tag

87-6-302. Unlawful procurement of license, permit, or tag.
(1) A person may not:
(a) subscribe to or make any materially false statement on an application or license. Any materially false statement contained in an application renders the license issued pursuant to it void.
(b) purchase or apply for a hunting, fishing, or trapping license without first having obtained a conservation license pursuant to 87-2-201; or
(c) purposely or knowingly assist an unqualified applicant in obtaining a resident license.
(2) A license agent may not sell any hunting, fishing, or trapping license to:
(a) an applicant who fails to produce the required identification at the time of application for licensure pursuant to 87-2-106(1) and 87-2-202(1); or
(b) a person who does not present the person's conservation license at the time of application for the license.
(3) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, except as provided in subsection (4), the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(4) A person convicted under subsection (1)(a) of unlawfully procuring a replacement license, permit, or tag shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless a court imposes a longer period. For each subsequent violation, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for the same period of time imposed by the court for the person's previous violation plus an additional 24 months.
History: En. Sec. 23, Ch. 258, L. 2011; amd. Sec. 1, Ch. 116, L. 2015; amd. Sec. 19, Ch. 221, L. 2019; amd. Sec. 26, Ch. 507, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-303. Nonresident license or permit offenses

87-6-303. Nonresident license or permit offenses.
(1) A person who is not a resident may not:
(a) apply for or purchase for a nonresident's use the following resident licenses and permits:
(i) conservation license;
(ii) hunting license or permit; or
(iii) fishing license or permit;
(b) affirm to or make a false statement to obtain a resident license.
(2) A person convicted of a violation of this section shall be fined not less than the greater of $100 or twice the cost of the nonresident license that authorized the sought-after privilege or more than $1,000 or be imprisoned in the county jail for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for not less than 18 months.
History: En. Sec. 24, Ch. 258, L. 2011; amd. Sec. 27, Ch. 507, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-304. License, permit, or tag offenses

87-6-304. License, permit, or tag offenses.
(1) A person may not apply for, purchase, or possess more than one license, permit, or tag of any one class or more than one special license for any one species listed in 87-2-701. This provision does not apply to Class B-4, Class B-5, or Class E-2 licenses or to licenses issued under 87-2-104(3) for game management purposes. However, when more than one license, permit, or tag is authorized by the commission, a person may not apply for, purchase, or possess more licenses, permits, or tags than are authorized.
(2) The holder of a replacement license, permit, or tag may not make the replacement license, permit, or tag available for use by another person.
(3) Except as provided in 87-6-305(2), a person to whom a license or permit has been issued may not fish, hunt for any game bird or game animal, or attempt to hunt for any fur-bearing animal in this state unless the person is carrying the required license or permit at the time.
(4) A person may not refuse to exhibit a license or permit and the identification used in purchasing a license or permit for inspection to a warden or other officer requesting to see it.
(5) A person may not at any time alter or change a license in any material manner or loan or transfer any license to another person. A person other than the person to whom a license is issued may not use the license. A person may not attach the person's license to a game animal killed by another person.
(6) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, except as provided in subsection (7), the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(7) A person convicted under subsection (1), (2), or (5) of unlawfully procuring, possessing, using, or transferring a replacement license, permit, or tag shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless a court imposes a longer period. For each subsequent violation, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for the same period of time imposed by the court for the person's previous violation plus an additional 24 months.
History: En. Sec. 25, Ch. 258, L. 2011; amd. Sec. 2, Ch. 116, L. 2015; amd. Sec. 2, Ch. 351, L. 2019; amd. Sec. 2, Ch. 166, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-305. Unlawful possession of hunting or fishing license or permit

87-6-305. Unlawful possession of hunting or fishing license or permit.
(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of a hunting or fishing license or permit if the person knowingly carries or has physical control over a valid and unused:
(a) hunting license or permit issued to another person while in any location that the species to be hunted may inhabit;
(b) resident hunting license or permit or resident fishing license or permit issued to a nonresident; or
(c) hunting license or permit or fishing license or permit that was issued in violation of applicable law or rule.
(2) The prohibition in subsection (1) does not apply to a person who is carrying or has physical control over a license or permit issued to that person's spouse or to any minor when the spouse or minor is hunting with that person.
(3) Except as provided in subsection (4), a person who violates this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(4) A person who violates this section while engaged in a commercial activity, such as taxidermy, meat processing, outfitting, or guiding by carrying or having physical control over three or more hunting licenses that are issued to another person or persons and that are used or intended to be used on game animals not taken by the person or persons to whom the licenses were issued or by knowingly carrying, having physical control of, or selling two or more licenses or permits that were issued in violation of applicable law or rule is guilty of a felony and upon conviction shall be fined not more than $50,000 or be imprisoned in the state prison for not more than 5 years, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license or permit issued by this state and lose the privilege to hunt, fish, or trap in this state for not less than 3 years up to a revocation for life from the date of conviction.
History: En. Sec. 26, Ch. 258, L. 2011; amd. Sec. 2, Ch. 316, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-306. Hunting, fishing, or trapping while privileges or licenses forfeited or suspended

87-6-306. Hunting, fishing, or trapping while privileges or licenses forfeited or suspended.
(1) A person may not hunt, fish, or trap while the person's license or privilege to hunt, fish, or trap in this state is forfeited for a violation of this title or any other law pertaining to fish and game in this state. A person convicted of a violation of this section may be fined not less than $500 or more than $2,000 and shall be imprisoned in the county detention center for not less than 5 days or more than 6 months.
(2) A person whose privilege to hunt, fish, or trap in this state has been suspended for a violation of fish and game law in a participating state, pursuant to 87-1-803, may not hunt, fish, or trap in this state while that privilege is suspended. A person convicted of a violation of this section shall be fined not less than $500 or more than $2,000 or be imprisoned in the county jail for not more than 60 days, or both.
History: En. Sec. 27, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-307. Unlawful use of discounted combination sports license by youth

87-6-307. Unlawful use of discounted combination sports license by youth.
A person who hunts or fishes using a youth combination sports license purchased after the person reaches 18 years of age is guilty of a misdemeanor and is subject to any of the following penalties imposed by the court:
(1) revocation of the person's hunting and fishing privileges for at least 5 years, revocation of the person's hunting and fishing privileges for more than 5 years, or revocation of the person's hunting and fishing privileges for life; and
(2) a fine of not less than $500 and not more than $5,000 in addition to the fine imposed on a person for the specific hunting or fishing violation.
History: En. Sec. 39, Ch. 449, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-310. Unlawful procurement of license while privileges forfeited or suspended

87-6-310. Unlawful procurement of license while privileges forfeited or suspended.
(1) A person whose privilege to hunt, fish, or trap in this state is forfeited for a conviction or forfeiture of bail or bond for a violation under this chapter in this state may not purchase, acquire, obtain, possess, or apply for a hunting, fishing, or trapping license or permit while that privilege is forfeited.
(2) A person whose privilege to hunt, fish, or trap in this state has been suspended for a violation of fish and game law in a participating state, pursuant to 87-1-803, may not apply for or purchase any license to hunt, fish, or trap in this state while that privilege is suspended.
(3) A person convicted of a violation of this section shall be fined not less than $500 or more than $2,000 or be imprisoned in the county jail for not more than 60 days, or both.
History: En. Sec. 28, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-311. Failure to surrender license for violation in participating state

87-6-311. Failure to surrender license for violation in participating state.
A person whose privilege to hunt, fish, or trap in this state has been suspended for a violation of fish and game law in a participating state, pursuant to 87-1-803, and who refuses to surrender any current hunting, fishing, or trapping license as required shall be fined not less than $500 or more than $2,000 or be imprisoned in the county jail for not more than 60 days, or both.
History: En. Sec. 29, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-312. Offense of noncompliance in Montana

87-6-312. Offense of noncompliance in Montana.
A person who hunts, fishes, traps, purchases licenses, or refuses to surrender any current hunting, fishing, or trapping license in violation of 87-6-919 shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 30, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-313. Offense of noncompliance in participating state

87-6-313. Offense of noncompliance in participating state.
A person who hunts, fishes, or traps, who applies for or purchases licenses or permits, or who refuses to surrender any current hunting, fishing, or trapping license in violation of 87-1-804 shall be fined not less than $500 or more than $2,000 or be imprisoned in the county jail for not more than 60 days, or both.
History: En. Sec. 31, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 3. Licensing, Tags, and Permits › 87-6-314. Unlawful special application or entry

87-6-314. Unlawful special application or entry.
A person convicted of unlawfully applying for or entering a drawing for any special license or permit in violation of 87-6-918 shall be fined not less than $500 or more than $2,000 or be imprisoned in the county detention center for not more than 60 days, or both.
History: En. Sec. 32, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-402. Unlawful hunting within city or town

87-6-402. Unlawful hunting within city or town.
(1) A person may not hunt or attempt to hunt any game animal within the boundaries of any incorporated or unincorporated city or town of this state except as allowed under a plan developed by a city or town and approved by the department pursuant to 7-3-1105, 7-3-1222, or 7-31-4110.
(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(3) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907.
History: En. Sec. 34, Ch. 258, L. 2011; amd. Sec. 18, Ch. 552, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-403. Unlawful hunting from public highway

87-6-403. Unlawful hunting from public highway.
(1) Except as provided in 87-2-803 and 87-6-405, a person may not hunt or attempt to hunt any game animal or game bird on, from, or across any public highway or the shoulder, berm, or barrow pit right-of-way of any public highway, as defined in 61-1-101, in the state.
(2) A person convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless the court imposes a longer period.
(3) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907.
History: En. Sec. 35, Ch. 258, L. 2011; amd. Sec. 2, Ch. 408, L. 2015; amd. Sec. 33, Ch. 449, L. 2015; amd. Sec. 1, Ch. 128, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-405. Unlawful use of vehicle while hunting

87-6-405. Unlawful use of vehicle while hunting.
(1) Except as provided in 87-2-803, a person may not hunt or attempt to hunt any game animal or game bird from any self-propelled, motor-driven, or drawn vehicle. For the purposes of this section, the term "hunt" does not include:
(a) spotting game from a vehicle; or
(b) if hunting on, from, or across a road or trail or the shoulder, berm, or barrow pit right-of-way of a road or trail that is not a public highway, as defined in 61-1-101, a person who has both feet on the ground and whose body is outside of a vehicle.
(2) While hunting, a person may not:
(a) use a motor-driven vehicle other than on a road or trail designated for travel by a landowner unless permission has been given by that landowner;
(b) use a motor-driven vehicle on a road or trail on state land if that road or trail is posted as closed by the land management agency unless permission has been given by that land management agency. The restriction in this subsection (2)(b) applies only to state land and not to federal land.
(c) use a motor-driven vehicle off road on state land.
(3) The following penalties apply for a violation of this section:
(a) A person convicted of or who forfeits bond or bail after being charged with a violation of subsection (1) shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state for 24 months from the date of conviction or forfeiture of bond or bail unless the court imposes a longer period.
(b) A person convicted of or who forfeits bond or bail after being charged with a violation of subsection (2) shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(4) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907.
History: En. Sec. 37, Ch. 258, L. 2011; amd. Sec. 3, Ch. 408, L. 2015; amd. Sec. 34, Ch. 449, L. 2015; amd. Sec. 2, Ch. 128, L. 2017; amd. Sec. 20, Ch. 552, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-406. Failure to retain evidence of sex

87-6-406. Failure to retain evidence of sex.
(1) (a) Except as provided in subsection (1)(b) and subject to the provisions of subsection (2), a person who kills a game animal in this state shall retain evidence of the sex of the animal with the carcass until it is processed.
(b) The provisions of subsection (1)(a) do not apply to a game animal harvested using a license with which either sex of the animal may be taken.
(2) A person who kills a game animal in a hunting district where the harvest is limited by the animal's antler point or horn size shall retain the antlers or horns until the carcass is processed.
(3) For game birds, game fish, and furbearers, evidence of sex and species taken must be retained as prescribed by the commission or department.
(4) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 38, Ch. 258, L. 2011; amd. Sec. 1, Ch. 272, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-407. Unlawful transfer of harvested game

87-6-407. Unlawful transfer of harvested game.
A person who purposely, knowingly, or negligently violates 87-3-310 regarding the transfer of possession of harvested game shall be fined not less than $50 or more than $500. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 2, Ch. 238, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-410. Migratory game bird offenses

87-6-410. Migratory game bird offenses.
A person who violates any provision of 87-3-403 related to migratory game birds shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 39, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-411. Game animal tagging offenses

87-6-411. Game animal tagging offenses.
(1) Each license issued by the department authorizing the holder of the license to hunt game animals, whether issued to a resident or a nonresident, must provide any tags the department prescribes.
(2) When a person kills a game animal under the license, the person shall, before the carcass is removed from or the person leaves the site of the kill, take physical possession of the game animal by:
(a) electronically validating the license or tag pursuant to rules adopted in accordance with 87-2-119; or
(b) validating the license or tag by cutting out the date the animal was killed. A license or tag that is not electronically validated must accompany the carcass as long as any considerable portion of the carcass remains unconsumed.
(3) When a game animal has been lawfully killed and the proper license or tag is electronically validated or accompanies the game animal that was killed, the game animal becomes the property of the person who lawfully killed the animal and may be possessed, used, stored, donated to another or to a charity, transferred to another person pursuant to 87-3-310, or transported.
(4) A person shall keep the license or tag accompanying the game animal or portion of the game animal while the animal is possessed by the person unless the license or tag was electronically validated.
(5) A person may not validate pursuant to subsection (2) a license or tag that is restricted to a hunting district other than the hunting district where the game animal was killed.
(6) A person who is convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 40, Ch. 258, L. 2011; amd. Sec. 3, Ch. 149, L. 2015; amd. Sec. 2, Ch. 75, L. 2017; amd. Sec. 7, Ch. 238, L. 2019; amd. Sec. 3, Ch. 316, L. 2023.