reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-202. Publication of orders and rules

87-1-202. Publication of orders and rules.
(1) Except as provided in subsection (2), annual and biennial rules adopted by the commission setting seasonal hunting, fishing, trapping, and land use regulations or by the board setting seasonal land use regulations must be published in a pamphlet format that is made available to the public at all department offices and through all license providers.
(2) Site-specific land use regulations applicable to a particular fishing access site, wildlife management area, park site, or other department land, including but not limited to speed limits, road and off-road restrictions or closures, places where camping is allowed or prohibited, and seasonal closures for management purposes, must be indicated to the public by signs on the premises of the particular fishing access site, wildlife management area, park site, or other department land.
(3) (a) Commission orders setting management seasons, providing for game damage hunts, and closing special seasons pursuant to 87-1-304 may be published by:
(i) use of the department's website;
(ii) use of a telephone hotline number; or
(iii) any other method that is readily available to the public.
(b) The method for notifying the public of the closure of a special season must be stated in the rule that establishes the special season.
(4) Public notification of emergency closures of department lands, public waterways, and hunting, fishing, and trapping seasons that are based on public health, safety, and welfare must be made in the manner and to the extent that the department considers necessary in light of the facts surrounding the emergency, including, when practical, onsite posting of the emergency closure.
History: En. Sec. 28, Ch. 193, L. 1921; re-en. Sec. 3677, R.C.M. 1921; amd. Sec. 11, Ch. 192, L. 1925; re-en. Sec. 3677, R.C.M. 1935; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-128; amd. Sec. 1, Ch. 16, L. 2007; amd. Sec. 26, Ch. 235, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-203. Effect of orders, rules, and regulations

87-1-203. Effect of orders, rules, and regulations.
All orders and rules and regulations for the enforcement of the powers granted to the department shall take effect and be in force after publication and posting as prescribed in this chapter and when so published or posted shall constitute legal notice.
History: En. Sec. 29, Ch. 193, L. 1921; re-en. Sec. 3678, R.C.M. 1921; re-en. Sec. 3678, R.C.M. 1935; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-129.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-204. Political activity of employees

87-1-204. Political activity of employees.
While retaining the right to vote as the employee pleases and to express opinions on all political questions, an employee of the department may not use the employee's official authority or influence for the purpose of interfering with an election or affecting the results of an election or for the purpose of coercing or influencing the political actions of any person or body.
History: En. Sec. 9, Ch. 193, L. 1921; re-en. Sec. 3658, R.C.M. 1921; re-en. Sec. 3658, R.C.M. 1935; amd. Sec. 1, Ch. 21, L. 1955; amd. Sec. 4, Ch. 188, L. 1975; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-109; amd. Sec. 2829, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-205. Repealed

87-1-205. Repealed.
Sec. 2, Ch. 56, L. 2021.
History: En. 26-109.1 by Sec. 18, Ch. 417, L. 1977; R.C.M. 1947, 26-109.1; amd. Sec. 3, Ch. 44, L. 1979; amd. Sec. 2830, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-206. Bounty claims for wild animals

87-1-206. Bounty claims for wild animals.
(1) The department shall pay bounty claims for wild animals that have been filed with and approved by the board of livestock. The department shall pay out of the state fish and game funds, other than those funds derived from license fees paid by hunters and anglers, bounties on predatory wild animals as the bounty claims are presented, not exceeding $7,500 for each calendar year.
(2) The board of livestock shall, after approving the bounty claim, deliver the claim to the department for rejection or approval. If the claim or certificate is rejected, it must be returned by the department to the board of livestock. If approved, it must be delivered to the department of administration for allowance or disallowance. This section does not take from the department the exclusive power to administer the fish and game money at its discretion.
(3) If the department of administration allows the claim, the department shall draw a warrant on the state fish and game money in the state special revenue fund for the amount approved in favor of the claimant in the order in which the claim is approved.
History: En. Sec. 2, Ch. 174, L. 1939; amd. Sec. 23, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-210; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 33, Ch. 325, L. 1995; amd. Sec. 2831, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-207. Establishment of checking stations

87-1-207. Establishment of checking stations.
(1) Pursuant to subsection (2), the department is authorized to establish checking stations when considered necessary to inspect licenses of hunters and anglers and to inspect any game animals, fish, or fur-bearing animals in the possession of hunters and anglers.
(2) The department shall provide notice to the county sheriff before establishing a checking station in that county.
History: En. Sec. 1, Ch. 270, L. 1973; R.C.M. 1947, 26-137; amd. Sec. 2832, Ch. 56, L. 2009; amd. Sec. 1, Ch. 467, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-208. Repealed

87-1-208. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 2, Ch. 270, L. 1973; R.C.M. 1947, 26-138; amd. Sec. 2833, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-210. Research, training, and other projects

87-1-210. Research, training, and other projects.
(1) The department may enter into cooperative agreements with educational institutions and state, federal, or other agencies to promote wildlife research and to train personnel for wildlife management. It may enter into cooperative agreements with federal agencies, municipalities, corporations, organized groups of landowners, associations, and individuals for the development of game, bird, fish, or fur-bearing animal management and demonstration projects.
(2) It may establish and maintain an educational and biological program for the collection and diffusion of statistics and information germane to the purpose of this title.
History: En. 26-104.7 by Sec. 8, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-104.7; amd. Sec. 2834, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-211. Repealed

87-1-211. Repealed.
Sec. 3, Ch. 340, L. 1985; sec. 2, Ch. 648, L. 1985.
History: En. Sec. 19, Ch. 193, L. 1921; re-en. Sec. 3668, R.C.M. 1921; re-en. Sec. 3668, R.C.M. 1935; amd. Sec. 1, Ch. 186, L. 1969; amd. Sec. 7, Ch. 417, L. 1977; R.C.M. 1947, 26-119.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-214. Disclosure of information -- legislative finding -- large predators

87-1-214. Disclosure of information -- legislative finding -- large predators.
(1) Except for information that is required by law to be reported to state or federal officials, the department may not disclose any information that may identify any person who obtains a permit or license to take a large predator as defined in 87-1-217 or who lawfully takes a large predator without the written consent of the person affected. Information that may not be disclosed includes but is not limited to a person's name, address, phone number, date of birth, social security number, and driver's license number.
(2) The legislature finds that the prohibition on disclosure of information pursuant to subsection (1) is necessary to protect an individual's privacy, safety, and welfare.
(3) The department may publish harvest locations of large predators at the hunting district level.
History: En. Sec. 1, Ch. 178, L. 2011; amd. Sec. 1, Ch. 461, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-217. Policy for management of large predators -- legislative intent

87-1-217. Policy for management of large predators -- legislative intent.
(1) In managing large predators, the primary goals of the department, in the order of listed priority, are to:
(a) protect humans, livestock, and pets;
(b) preserve and enhance the safety of the public during outdoor recreational and livelihood activities; and
(c) preserve citizens' opportunities to hunt large game species.
(2) With regard to large predators, it is the intent of the legislature that the specific provisions of this section concerning the management of large predators will control the general supervisory authority of the department regarding the management of all wildlife.
(3) For the management of wolves in accordance with the priorities established in subsection (1), the department may use lethal action to take problem wolves that attack livestock if the state objective for breeding pairs has been met. For the purposes of this subsection, "problem wolves" means any individual wolf or pack of wolves with a history of livestock predation.
(4) The department shall work with the livestock loss board and the United States department of agriculture wildlife services to establish the conditions under which carcasses or parts of carcasses from wolves or mountain lions are retrieved during management activities and when those carcasses or parts of carcasses are made available to the livestock loss board for sale or auction pursuant to 2-15-3113.
(5) The department shall ensure that county commissioners and tribal governments in areas that have identifiable populations of large predators have the opportunity for consultation and coordination with state and federal agencies prior to state and federal policy decisions involving large predators and large game species.
(6) As used in this section:
(a) "consultation" means to actively provide information to a county or tribal government regarding proposed policy decisions on matters that may have a harmful effect on agricultural production or livestock operations or that may pose a risk to human health or safety in that county or on those tribal lands and to seek information and advice from counties or tribal governments on these matters;
(b) "large game species" means deer, elk, mountain sheep, moose, antelope, and mountain goats; and
(c) "large predators" means bears, mountain lions, and wolves.
History: En. Sec. 1, Ch. 212, L. 2003; amd. Sec. 1, Ch. 275, L. 2009; amd. Sec. 2, Ch. 71, L. 2011; amd. Sec. 1, Ch. 414, L. 2011; amd. Sec. 1, Ch. 163, L. 2013; amd. Sec. 6, Ch. 76, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-218. Notice of proposed land acquisitions

87-1-218. Notice of proposed land acquisitions.
(1) For all land acquisitions proposed pursuant to 87-1-209, the department shall provide notice to the board of county commissioners in the county where the proposed acquisition is located.
(2) The notice must be provided at least 30 days before the proposed acquisition appears before the commission or the board for its consent.
(3) The notice must include:
(a) a description of the proposed acquisition, including acreage and the use proposed by the department;
(b) an estimate of the measures and costs the department plans to undertake in furtherance of the proposed use, including operating, staffing, and maintenance costs;
(c) an estimate of the property taxes payable on the proposed acquisition and a statement that if the department acquires the land pursuant to 87-1-603, the department would pay a sum equal to the amount of taxes that would be payable on the county assessment of the property if it was taxable to a private citizen; and
(d) a draft agenda of the meeting at which the proposed acquisition will be presented to the commission or the board and information on how the board of county commissioners may provide comment.
(4) For all land acquisitions of 640 acres or more proposed pursuant to 87-1-209, the department shall:
(a) conduct a public scoping process to identify issues and concerns as the initial phase of an environmental review pursuant to Title 75, chapter 1, part 2;
(b) provide the public with sufficient notice of the proposed acquisition and an opportunity to provide input on reasonable alternatives, mitigation alternatives, mitigation measures, issues, and potential impacts to be addressed in the environmental review; and
(c) respond to comments received during the public scoping process as part of the environmental review document.
History: En. Sec. 7, Ch. 485, L. 2009; amd. Sec. 28, Ch. 235, L. 2013; amd. Sec. 1, Ch. 326, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-221. Acquisition, importation, and propagation of fish and game -- waterfowl food

87-1-221. Acquisition, importation, and propagation of fish and game -- waterfowl food.
The department may:
(1) acquire by gift, purchase, capture, or otherwise any fish, game, game birds, or animals for propagation, experimental, or scientific purposes;
(2) provide for the importation of game birds and game and fur-bearing animals and for the protection, propagation, and distribution of imported or native birds and animals;
(3) use fish and game funds necessary for the construction, maintenance, operation, upkeep, and repair of fish hatcheries or other property or means and appliances for the protection and propagation of fish, game and fur-bearing animals, or game or nongame birds;
(4) appropriate money from the funds at its disposal for the extermination or eradication of predatory animals that destroy fish, game or fur-bearing animals, or game or nongame birds;
(5) spend fish and game funds necessary to introduce and propagate wild waterfowl food and for that purpose may secure expert advice as to what kinds of waterfowl foods are adapted to the climate, soil, and waters of this state.
History: En. 26-104.4 by Sec. 5, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-104.4; amd. Sec. 79, Ch. 7, L. 2001; amd. Sec. 132, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-222. Construction and maintenance of fish hatcheries and fish ladders

87-1-222. Construction and maintenance of fish hatcheries and fish ladders.
(1) The department shall furnish plans for, direct, and compel the construction, installation, and repair of fish ladders upon dams and other obstructions in streams. The fish ladders shall be installed and maintained at the expense of the owners of the dam or other obstruction.
(2) The department may purchase and maintain, at the expense of the state fish and game fund, suitable fish screens, fish wheels, or other devices to install in irrigating ditches to prevent fish entering said ditches.
(3) The department may locate, lay out, construct, and maintain nurseries and rearing ponds where fry can be planted, propagated, and reared to be distributed in the waters of this state. The department may spend from fish and game funds sums necessary for this purpose.
History: En. 26-104.5 by Sec. 6, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-104.5.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-223. Control of state waters for propagation of fish

87-1-223. Control of state waters for propagation of fish.
The department may control the waters of any lake, pond, or stream that lies wholly within the limits of land owned by the state so far as the use of that lake, pond, or stream for the breeding and propagation of game fish is concerned. Before the right to control any lake, pond, or stream inures to the department, the department shall notify the department of natural resources and conservation that the lake, pond, or stream is wanted for that purpose, giving a description of the land by legal subdivision when surveyed or a sufficient general description when not so surveyed. The department of natural resources and conservation shall make that entry upon its books and maps to serve as notice to a lessor or purchaser of the right claimed by the state in the lake, pond, or stream. The department of natural resources and conservation shall notify a lessor, purchaser, or applicant to lease or purchase of the fact that a right to the use of the lake, pond, or stream is claimed. This right may not continue for more than 1 year after the land is sold by the state. If the right to the control of a lake, pond, or stream lessens the value of that land or prevents the ready sale of it, the right granted to the department may be terminated upon giving 60 days' notice of the termination to the department.
History: En. Sec. 18, Ch. 193, L. 1921; re-en. Sec. 3667, R.C.M. 1921; re-en. Sec. 3667, R.C.M. 1935; amd. Sec. 16, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-118; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 484, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-224. Destruction of beaver and beaver dams for protection of public health

87-1-224. Destruction of beaver and beaver dams for protection of public health.
(1) When a complaint is made to the department of environmental quality that beaver are obstructing the free flow of a stream flowing through a settled area and into which stream sewage of a town or city is dumped and the obstruction endangers public health, the department of environmental quality shall immediately investigate the complaint. If it finds that the work of the beaver endangers public health, it shall report the facts to the department.
(2) The department shall immediately issue a permit, free of charge, to the landowner upon whose land the beaver dams are located for the removal of the beaver, the number of which must be designated by the warden making the inspection. The landowner shall remove all beaver and beaver dams as provided by the permit within 10 days after its issuance. If the landowner refuses to remove the beaver or the dams in the 10-day period or if the landowner does not desire to do so and so advises the department, then the department may remove the beaver by trapping or transplanting and remove their dam by blasting or other means.
(3) The department shall furnish all labor needed to blast out or otherwise remove the beaver dams. Necessary explosives must be furnished by the county in which the beaver dams are located.
History: En. 3722(A), R.C.M. 1935 by Sec. 1, Ch. 173, L. 1943; amd. Sec. 32, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-402; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 485, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-225. Regulation of wild animals damaging property -- public hunting requirements

87-1-225. Regulation of wild animals damaging property -- public hunting requirements.
(1) Subject to the provisions of subsection (2), a landowner is eligible for game damage assistance under subsection (3) if the landowner:
(a) allows public hunting during established hunting seasons; or
(b) does not significantly reduce public hunting through imposed restrictions.
(2) The department may provide game damage assistance when public hunting on a landowner's property has been denied because of unique or special circumstances that have rendered public hunting inappropriate.
(3) Within 48 hours after receiving a request or complaint from any landholder or person in possession and having charge of any land in the state that wild animals of the state, protected by the fish and game laws and regulations, are doing damage to the property or crops on the property, the department shall investigate and arrange to study the situation with respect to damage and depredation. The department may then decide to open a special season on the game or, if the special season method is not feasible, the department may destroy the animals causing the damage. The department may authorize and grant the holders of the property permission to kill or destroy a specified number of the animals causing the damage. A wild, ferocious animal damaging property or endangering life is not covered by this section.
History: En. Sec. 1, Ch. 60, L. 1957; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-135; amd. Sec. 1, Ch. 569, L. 1987; amd. Sec. 1, Ch. 568, L. 1989; amd. Sec. 2835, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-226. Disposition of meat of animals damaging property

87-1-226. Disposition of meat of animals damaging property.
(1) The meat of all animals killed or destroyed pursuant to 87-1-225 by the department or the authorized landholder shall be conserved and given to state institutions, school lunch programs, the department of public health and human services, or charitable institutions. The department shall provide transportation and distribution of the meat.
(2) Any meat not accepted by state institutions, school lunch programs, the department of public health and human services, or charitable institutions shall be sold as provided in 87-1-511.
History: En. Sec. 2, Ch. 60, L. 1957; amd. Sec. 22, Ch. 511, L. 1973; R.C.M. 1947, 26-136; amd. Sec. 1, Ch. 120, L. 1985; amd. Sec. 559, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-227. Hunting rights on adjoining federal wildlife preserve

87-1-227. Hunting rights on adjoining federal wildlife preserve.
(1) The department shall negotiate for and enter into written agreements with owners, lessors, lessees, or others having control of areas, tracts, or parcels of land adjoining or contiguous to any United States federal wildlife preserve, including any wildlife refuge for migratory waterfowl in any section of Montana, for the purpose of securing equal hunting and shooting rights for all resident holders of fish and game licenses in Montana on such adjoining and contiguous lands and preventing such preserves from being surrounded by lands whereon such licensees may not enter. The department shall, further, open or cause to be opened to public hunting and shooting of migratory waterfowl on any roads, lanes, and trails not a part of the traveled portion of any federal-aid highway system within a 1-mile limit from the boundaries of any such preserve or refuge. The department shall cause any such area, tract, road, lane, or trail to be plainly posted with clear signs showing the boundaries of the areas, tracts, roads, lanes, or trails open to shooting and hunting by licensees.
(2) The department is hereby authorized to negotiate the payment of a reasonable sum to landowners, lessors, or lessees for the right of the department to create a public shooting area upon their lands. The amount that may be paid for such purpose shall rest in the discretion of the department.
History: En. Secs. 1, 2, Ch. 224, L. 1943; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1120, 26-1121.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-229. Entry on private land -- policy

87-1-229. Entry on private land -- policy.
It is the policy of the department to meet with and work cooperatively with individual private landowners on policies regarding entry of the department to private landowners' land and to work with public and private land managers to resolve and reduce user conflicts.
History: En. Sec. 1, Ch. 268, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-232. Tattoo records

87-1-232. Tattoo records.
(1) The department shall maintain a record of each animal reported to it pursuant to 87-6-701. The record shall indicate:
(a) the person by whom the animal was captured or is held in captivity;
(b) the location of the capture or captivity;
(c) the date the animal was tattooed;
(d) the purpose of the captivity or capture; and
(e) any death, escape, release, transfer of custody, or other disposition of the animal.
(2) The department shall establish by rule a fee to be charged, which may not exceed the administrative cost of maintaining the record required by this section.
History: En. Sec. 2, Ch. 566, L. 1985; amd. Sec. 86, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-233. Compensation for damage caused by animal held in captivity

87-1-233. Compensation for damage caused by animal held in captivity.
If any bear, wolf, tiger, mountain lion, or coyote that is held in captivity or that escapes from such captivity causes any damage to the personal property of another person, compensation for such damage must be paid by the person holding or who held the animal in captivity.
History: En. Sec. 3, Ch. 566, L. 1985.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-234. Exceptions to tattoo and compensation requirements

87-1-234. Exceptions to tattoo and compensation requirements.
Sections 87-1-232, 87-1-233, and 87-6-701 do not apply to those animals:
(1) captured and released as part of an ongoing game management program or an ongoing predator control program unless the animals have been involved in livestock killing; or
(2) captured and released as part of a scientific, educational, or research program as certified by the department.
History: En. Sec. 4, Ch. 566, L. 1985; amd. Sec. 87, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-241. Acquisition of wildlife habitat -- rules

87-1-241. Acquisition of wildlife habitat -- rules.
(1) Before acquisition of any interest in land for the primary purpose of securing wildlife habitat the commission shall by rule establish a policy for making such acquisitions. With regard to any specific acquisition the policy shall provide for a comprehensive analysis of:
(a) the wildlife populations and use currently associated with the property;
(b) the potential value of the land for protection, preservation, and propagation of wildlife;
(c) management goals proposed for the land and wildlife populations, and where feasible, any additional uses of the land such as livestock grazing or timber harvest;
(d) any potential impacts to adjacent private land resulting from proposed management goals, and plans to address such impacts;
(e) any significant potential social and economic impacts to affected local governments and the state, including but not limited to impacts on:
(i) tax revenue available for the operation of taxing jurisdictions within the county;
(ii) services required to be provided by local governments;
(iii) employment opportunities within the counties;
(iv) local schools; and
(v) private businesses supplying goods and services to the community;
(f) a land maintenance program to control weeds and maintain roads and fences; and
(g) any other matter considered necessary or appropriate by the commission.
(2) The analysis made of any proposed acquisition must be made available for review by each owner of land adjacent to the property that is the subject of analysis, and to any member of the public. A public hearing must be held in the affected area after the analysis has been made available to the public.
History: En. Sec. 1, Ch. 598, L. 1987; amd. Sec. 1, Ch. 515, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-242. Funding for wildlife habitat

87-1-242. Funding for wildlife habitat.
(1) The amount of money specified in this subsection from the sale of each hunting license or permit listed must be used exclusively by the commission to secure, develop, and maintain wildlife habitat, subject to appropriation by the legislature:
(a) Class B-10, nonresident combination, $77;
(b) Nonresident antelope, $20;
(c) Nonresident moose, $20;
(d) Nonresident mountain goat, $20;
(e) Nonresident mountain sheep, $20;
(f) Class D-1, nonresident mountain lion, $20;
(g) Nonresident black bear, $20;
(h) Nonresident wild turkey, $10;
(i) Class AAA, combination sports, $7;
(j) Class B-11 nonresident deer combination, $200.
(2) Twenty percent of any increase in the fee for the Class B-7 license or any license or permit listed in subsection (1) must be allocated for use as provided in subsection (1).
(3) Eighty percent of the money allocated by this section, together with the interest and income from the money, must be used to secure wildlife habitat pursuant to 87-1-209.
(4) Twenty percent of the money allocated by this section must be used as follows:
(a) up to 50% a year may be used for development and maintenance of real property used for wildlife habitat; and
(b) the remainder and any money not allocated for development and maintenance under subsection (4)(a) by the end of each odd-numbered fiscal year must be credited to the account created by 87-1-601(5) for use in the manner prescribed for the development and maintenance of real property used for wildlife habitat.
History: En. Sec. 2, Ch. 598, L. 1987; amd. Sec. 11, Ch. 598, L. 1987; amd. Sec. 11, Ch. 636, L. 1987; amd. Sec. 1, Ch. 319, L. 1991; amd. Sec. 5, Ch. 459, L. 1995; amd. Sec. 80, Ch. 7, L. 2001; amd. Sec. 1, I.M. No. 161, approved Nov. 2, 2010; amd. Sec. 52, I.M. No. 190, approved Nov. 3, 2020.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-246. Funding of upland game bird enhancement program

87-1-246.  Funding of upland game bird enhancement program.
The amount of money specified in this section from the sale of each hunting license listed must be used exclusively by the department to preserve and enhance upland game bird populations in Montana in accordance with 87-1-246 through 87-1-249, subject to appropriation by the legislature:
(1) Class A-1, resident upland game bird, $2;
(2) Class B-1, nonresident upland game bird, $23;
(3) Class B-2, 3-day nonresident upland game bird, $10;
(4) Class AAA, combination sports, $2; and
(5) Class B-10, nonresident big game combination, $23.
History: En. Sec. 1, Ch. 636, L. 1987; amd. Sec. 11, Ch. 636, L. 1987; amd. Sec. 1, Ch. 232, L. 1989; amd. Sec. 81, Ch. 7, L. 2001; amd. Sec. 2, Ch. 204, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-247. Upland game bird enhancement program -- authorized use of funds

87-1-247. Upland game bird enhancement program -- authorized use of funds.
(1) Subject to subsection (2), revenue dedicated to the upland game bird enhancement program pursuant to 87-1-246 must be used by the department to:
(a) prepare and disseminate information to landowners and organizations concerning the upland game bird enhancement program;
(b) review potential upland game bird release sites;
(c) assist applicants in preparing management plans for project areas;
(d) evaluate the upland game bird enhancement program;
(e) develop a strategic plan pursuant to 87-1-251(2)(a);
(f) develop, enhance, and conserve upland game bird habitat in Montana; and
(g) establish and assist an upland game bird citizens' advisory council pursuant to 87-1-251.
(2) As far as practicable, expenditures made pursuant to subsection (1) must be prioritized by administrative region based on need, taking into consideration any biological, recreational, or economic benefit and the objectives established in a strategic plan developed pursuant to 87-1-251(2)(a).
History: En. Sec. 2, Ch. 636, L. 1987; amd. Sec. 2, Ch. 232, L. 1989; amd. Sec. 1, Ch. 365, L. 2001; amd. Sec. 1, Ch. 306, L. 2009; amd. Sec. 1, Ch. 121, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-248. Qualification of upland game bird enhancement projects

87-1-248. Qualification of upland game bird enhancement projects.
(1) A project eligible for funding under the upland game bird release program must contain the proper combination of winter cover, food, nesting cover, and other upland game bird habitat components determined necessary to provide for establishment of a viable upland game bird population.
(2) A project eligible for funding under the habitat enhancement program must include assistance to applicants in the establishment of suitable nesting cover, winter cover, or feeding areas through cost sharing, leases, or conservation easements.
(3) A project containing hunting preserves or any commercial hunting enterprise or in which hunting rights are leased or paid for is not eligible for funding.
(4) Preference must be given for project applications submitted by youth organizations, 4-H clubs, sports groups, and other associations of sufficient size to guarantee completion of all project requirements. However, individual landowners may also apply, as long as the land in the project area remains open to public hunting in accordance with reasonable use limitations imposed by the landowner.
(5) (a) Except when a greater amount, up to $200,000, is authorized by the commission, a project may not receive more than $100,000 in funds collected under 87-1-246.
(b) Total purchases of equipment, land, and buildings under the habitat enhancement program may not exceed $25,000 for each project.
(c) The construction of wells, pipelines, or roads using funds collected under 87-1-246 is only allowed on a cost-share basis, when the applicant pays at least 50% of the funded costs.
(d) Any equipment purchased with funds collected under 87-1-246 remains the property of the department.
(e) A shelterbelt may not be constructed within 400 feet of any residential building or building occupied by livestock.
(f) Funds collected under 87-1-246 may be expended for supplemental feeding programs that are authorized by the department.
History: En. Sec. 3, Ch. 636, L. 1987; amd. Sec. 3, Ch. 232, L. 1989; amd. Sec. 2, Ch. 365, L. 2001.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-249. Rules

87-1-249. Rules.
(1) The department shall adopt rules for the administration of the upland game bird enhancement program created in 87-1-246 through 87-1-249.
(2) The rules must:
(a) provide for eligibility criteria for project applications, including project evaluation criteria that incorporate the following factors:
(i) proposed project acreage of suitable size;
(ii) proposed project acreage and adjoining lands that are suitable for upland game bird habitat;
(iii) evidence that existing and potential species will benefit from the project;
(iv) the number of acres that will be open to and suitable for public bird hunting under the proposal; and
(v) in addition to the criteria in subsections (2)(a)(i) through (2)(a)(iv), preference to proposed projects with:
(A) longer contract length and larger landowner cost share;
(B) lands with special or unique components, such as wetlands; and
(C) a landowner history of providing hunter access and habitat enhancement;
(b) be consistent with general requirements of the federal conservation reserve program, the agricultural conservation program, and hunting access programs established pursuant to 87-1-265 so that landowners who participate in those programs may also be eligible for participation in the upland game bird enhancement program;
(c) specifically indicate specifications under which upland game birds will be released in project areas, including but not limited to:
(i) habitat requirements;
(ii) number of upland game birds to be released;
(iii) health requirements;
(iv) banding requirements;
(v) time for release;
(vi) age of birds to be released; and
(vii) reimbursement amount for each bird released;
(d) establish application procedures for project funding and review and for approval or denial of applications; and
(e) establish project monitoring and reporting procedures, including a requirement that payments for projects authorized pursuant to 87-1-247 be supported by contracts, invoices, receipts, or other supporting documentation.
History: En. Sec. 4, Ch. 636, L. 1987; amd. Sec. 4, Ch. 232, L. 1989; amd. Sec. 3, Ch. 365, L. 2001; amd. Sec. 2, Ch. 63, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-250. Upland game bird enhancement program -- report

87-1-250. Upland game bird enhancement program -- report.
The department shall report to each regular session of the legislature, in accordance with 5-11-210, concerning upland game bird enhancement activities undertaken pursuant to 87-1-246 through 87-1-249 and 87-1-251 during the preceding biennium, including providing:
(1) copies of reports made to the upland game bird citizens' advisory council pursuant to 87-1-251(2)(b); and
(2) any recommendations concerning the operation of the program.
History: En. Sec. 9, Ch. 636, L. 1987; amd. Sec. 5, Ch. 232, L. 1989; amd. Sec. 2, Ch. 306, L. 2009; amd. Sec. 125, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-255. Purpose

87-1-255. Purpose.
The legislature finds that the conservation of rivers and their fisheries is of vital social and economic importance to Montana. The legislature further finds that some of our state's rivers and fisheries are diminished in value by water pollution, water shortages, and riparian erosion and that there is a need for a program to promote the beneficial use and productivity of our river systems. The legislature further finds that establishment of a river restoration program, funded by anglers from across the state and nation, is a sound and proper method to help ensure that the rivers and fisheries that anglers and others have treasured for Montana's first 100 years will continue to serve the state and its people.
History: En. Sec. 1, Ch. 601, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-256. Definitions

87-1-256. Definitions.
As used in 87-1-255 through 87-1-259, the following definitions apply:
(1) "Account" means the river restoration account provided for in 87-1-258.
(2) "Associated lands" means the beds, banks, and immediately adjacent lands associated with a river.
(3) "Department" means the department of fish, wildlife, and parks provided for in 2-15-3401.
(4) "Program" means the river restoration program provided for in 87-1-257.
(5) "Restoration" means to restore to a good condition, regenerate, or make over in an improved form.
(6) "River" means a river, stream, creek, or other naturally occurring body of flowing water.
History: En. Sec. 2, Ch. 601, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-257. River restoration program

87-1-257. River restoration program.
(1) The department shall administer a river restoration program.
(2) The program may consist of physical projects to improve rivers and their associated lands in order to conserve and enhance fish and wildlife habitat, including but not limited to a change in appropriation right or leasing of water rights under 85-2-436.
(3) The department shall work cooperatively with individuals, conservation districts, and state, local, private, tribal, and federal organizations to achieve the goals of the program and may contract with private organizations to implement specific river restoration projects.
(4) The department shall present projects to the local conservation district for review and recommendations and obtain any applicable permits.
(5) The department shall receive the consent of the landowner or lessee of any associated lands before initiating physical projects on these lands.
(6) A project conducted under the program may not restrict or interfere with the exercise of any water right.
History: En. Sec. 3, Ch. 601, L. 1989; amd. Sec. 3, Ch. 175, L. 1993; amd. Sec. 7, Ch. 448, L. 2007.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-258. River restoration account

87-1-258. River restoration account.
(1) There is a river restoration special revenue account administered by the department within the state special revenue fund established in 17-2-102.
(2) There must be deposited in the account:
(a) all proceeds earmarked for this account under 87-2-301, 87-2-302, and 87-2-711; and
(b) money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of this account.
(3) The department may spend funds in the account only to carry out the program provided for in 87-1-257.
History: En. Sec. 4, Ch. 601, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-259. Funding for river restoration account

87-1-259. Funding for river restoration account.
The amount of money specified in this section from the sale of each of the following licenses must be deposited in the account provided for in 87-1-258:
(1) Class A--resident fishing license, 50 cents;
(2) Class B--nonresident fishing license, $1; and
(3) Class AAA--combination sports license, 50 cents.
History: En. Sec. 5, Ch. 601, L. 1989; amd. Sec. 5, Ch. 263, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-263. Veterans' preference for reserving certain block management areas on Veterans' Day

87-1-263. Veterans' preference for reserving certain block management areas on Veterans' Day.
(1) Subject to the provisions of subsections (2) and (3), on Veterans' Day, veterans may be given preference to use block management areas that require a reservation.
(2) A reservation by a veteran to use a block management area pursuant to subsection (1) must be made at least 1 week in advance of Veterans' Day and in accordance with the existing reservation system for that area.
(3) A person who makes a reservation pursuant to this section shall carry proof of the person's veteran status, such as a DD form 214, U.S. department of veterans affairs identification card, or a driver's license indicating the person's veteran status, while hunting on the block management area for which the reservation was made. The person also shall make proof of the person's veteran status available for review by an employee or authorized officer of the department upon request.
(4) The department shall conduct random verification of the veteran status of persons making reservations pursuant to this section.
(5) The department may adopt rules to implement the provisions of this section.
History: En. Sec. 1, Ch. 188, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-264. Expenditure of hunting access program funds on weed control

87-1-264. Expenditure of hunting access program funds on weed control.
The legislature recognizes that the hunting access programs authorized in 87-1-265 successfully encourage landowners to increase public access to private and public lands for purposes of hunting, but that increased public access may also contribute to an increase in the spread of noxious weeds on public and private lands. Therefore, in an effort to improve management and services related to those programs, the department may offer up to 5% in additional incentive payments above the maximum annual payment established in 87-1-265 to landowners who agree to use those additional payments for specific weed management activities on lands under their control.
History: En. Sec. 26, Ch. 407, L. 2001; amd. Sec. 3, Ch. 63, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-267. Repealed

87-1-267. Repealed.
Sec. 12, Ch. 63, L. 2019.
History: En. Sec. 3, Ch. 459, L. 1995; amd. Sec. 2, Ch. 216, L. 2001; amd. Sec. 3, Ch. 471, L. 2005; amd. Sec. 1, Ch. 211, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-268. Repealed

87-1-268. Repealed.
Sec. 10, I.M. No. 161, Nov. 2, 2010.
History: En. Sec. 6, Ch. 459, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 1. Organization and Operation › Part 2. Department of Fish, Wildlife, and Parks › 87-1-270. Allocation of license fees to hunting access programs

87-1-270. Allocation of license fees to hunting access programs.
(1) Except as provided in 87-2-514 and 87-2-805(3), the department shall use $55 from the sale of each Class B-1 nonresident upland game bird license and $25 from the sale of each Class B-2 3-day nonresident upland game bird license to encourage public access to private lands for hunting purposes in accordance with 87-1-265.
(2) The department shall use the hunting access fees collected pursuant to 87-2-116 to encourage public access to private and public lands for hunting purposes in accordance with 87-1-265.
History: En. Sec. 5, Ch. 544, L. 1999; amd. Sec. 3, Ch. 216, L. 2001; amd. Sec. 1, Ch. 304, L. 2009; amd. Sec. 3, Ch. 204, L. 2013; amd. Sec. 4, Ch. 449, L. 2015; amd. Sec. 7, Ch. 63, L. 2019.