reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-112. Construction

87-5-112. Construction.
This part may not be construed to apply retroactively or to prohibit importation into the state of wildlife that are lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale, or shipment of any wildlife whose species or subspecies is determined to be threatened with statewide extinction in this state but not in the state where originally taken, if the person engaging therein demonstrates by substantial evidence that the wildlife was lawfully taken or removed from the state. However, this section may not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale, or shipment within this state of wildlife on the United States' list of endangered native fish and wildlife, as amended and accepted in accordance with 87-5-107(5), except as permitted in the provision by 87-5-107(3) and (4) and 87-5-109(1).
History: En. Sec. 9, Ch. 461, L. 1973; R.C.M. 1947, 26-1809(1); amd. Sec. 307, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-116. Limited taking of certain nongame wildlife for commercial purposes -- exceptions

87-5-116. Limited taking of certain nongame wildlife for commercial purposes -- exceptions.
(1) The following nongame wildlife may not be taken for commercial purposes, except as provided in subsections (3) and (4), without prior authorization of the department, subject to regulations adopted by the department:
(a) northern flying squirrel (Glaucomys sabrinus);
(b) pika (Ochotona princeps);
(c) pygmy rabbit (Brachylagus idahoensis);
(d) amphibians native to the state of Montana; and
(e) reptiles native to the state of Montana.
(2) The department may regulate the taking of nongame wildlife for commercial purposes. Regulations may establish limitations related to the taking, possession, transportation, exportation, processing, sale or offer for sale, and shipment of nongame wildlife that are considered necessary to manage nongame wildlife.
(3) The harvest of the prairie rattlesnake (Crotalus viridis) for commercial purposes may not be regulated under this section.
(4) This section does not prohibit:
(a) outfitting for the shooting of nongame wildlife;
(b) payment by a landowner to an individual for shooting or removing nongame wildlife; or
(c) the use of byproducts of nongame wildlife in fishing flies, jewelry, or other handicrafts.
History: En. Sec. 2, Ch. 301, L. 2001.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-121. Nongame wildlife account

87-5-121. Nongame wildlife account.
(1) There is a nongame wildlife account in the state special revenue fund provided for in 17-2-102.
(2) There must be deposited into the account:
(a) all money collected under 15-30-2387 and all interest earned by the fund before being expended under this section; and
(b) money from marijuana taxes deposited under 16-12-111.
(3) Money in the account must be used by the department, upon the approval of the commission as determined under 87-5-122, to provide adequate funding for:
(a) research and education programs on nongame wildlife in Montana, as provided for in 87-5-104; and
(b) any management programs for nongame wildlife approved by the legislature under 87-5-105 as species or subspecies in need of management.
(4) The money is available to the department in the same manner as provided in 87-1-601, except that money collected under 15-30-2387 may not be used:
(a) for the purchase of any real property; or
(b) in such a way as to interfere with the production on or management of private property.
History: En. Sec. 2, Ch. 627, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 2, Ch. 436, L. 1985; amd. Sec. 1, Ch. 589, L. 1987; amd. Sec. 61, Ch. 16, L. 1991; amd. Sec. 53, I.M. No. 190, approved Nov. 3, 2020.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-122. Duties of commission

87-5-122. Duties of commission.
(1) The commission shall review and approve annually the nongame wildlife programs projects recommended by the department for funding from the nongame wildlife account. The commission shall provide for public comment during the review and approval process.
(2) The commission may adopt rules governing:
(a) the use of the nongame wildlife account set forth in 87-5-121; and
(b) the review and approval process set forth in subsection (1).
History: En. Sec. 4, Ch. 627, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-123. through 87-5-130 reserved

87-5-123 through 87-5-130 reserved.
History: En. Sec. 5, Ch. 627, L. 1983; amd. Sec. 2, Ch. 589, L. 1987; amd. Sec. 61, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-131. Process for delisting of gray wolf -- management following delisting

87-5-131. Process for delisting of gray wolf -- management following delisting.
(1) If the United States fish and wildlife service removes the Northern Rocky Mountain or gray wolf from the United States' list of endangered or threatened wildlife, the department is authorized to remove the wolf from the state list of endangered species upon a determination by the department pursuant to this part that the wolf is no longer endangered.
(2) Following state delisting of the wolf, the department shall manage the wolf as a species in need of management until the department and the commission determine that the wolf no longer needs protection as a species in need of management and can be managed and protected as a game animal or furbearer. Upon making that determination, the commission may declare the wolf a game animal or a furbearer and may regulate the taking of a wolf as a game animal or furbearer.
(3) (a) Following state delisting of the wolf, the department, or the department of livestock, pursuant to 81-7-102 and 81-7-103, may control wolves for the protection and safeguarding of livestock if the control action is consistent with a wolf management plan approved by both the department and the department of livestock.
(b) Any wolf management plan approved by the department and the department of livestock must allow the issuance of special kill permits, also known as shoot-on-sight written take authorizations, by the department to landowners or public land permittees who have experienced livestock depredation.
History: En. Sec. 8, Ch. 316, L. 2001; amd. Sec. 2, Ch. 275, L. 2009; amd. Sec. 14, Ch. 552, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 1. Nongame and Endangered Species › 87-5-132. Use of radio-tracking collars for monitoring wolf packs

87-5-132. Use of radio-tracking collars for monitoring wolf packs.
(1) As part of a wolf management plan approved by the department, a radio-tracking collar or a collar that uses global positioning system technology must be attached to at least one wolf in each wolf pack that is active near livestock or near a population center in areas where depredations are chronic or likely.
(2) The department may expend any state and federal funds received for wolf management purposes and the portion of money allocated from the wolf management account established in 87-1-623 to fulfill the requirements of this section.
(3) The department shall collaborate and cooperate and may enter into agreements with other state and federal agencies, including the United States department of agriculture wildlife services, to fulfill the requirements of this section.
History: En. Sec. 1, Ch. 578, L. 2005; amd. Sec. 4, Ch. 390, L. 2011; amd. Sec. 1, Ch. 400, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-201. Protection of wild birds and their nests and eggs

87-5-201. Protection of wild birds and their nests and eggs.
(1) It is unlawful for a person to hunt, capture, kill, possess, purchase, offer or expose for sale, ship, or transport any wild bird, other than a game bird, or any part of the plumage, skin, or body of the bird, irrespective of whether the bird was captured or killed within the state, or to take or destroy the nest or eggs of a wild bird, except under a certificate, falconer's license, or permit issued by the director.
(2) This section does not apply to:
(a) the hunting, trapping, or killing of house sparrows, crows, starlings, rock doves, blackbirds, magpies, and other birds the department designates or to the taking or destruction of their nests and eggs;
(b) the possession or transportation of parts or plumage of eagles used for religious purposes by a member of an Indian tribe when possessed or transported as permitted by 16 U.S.C. 668a.
History: En. Sec. 41, Ch. 173, L. 1917; re-en. Sec. 3723, R.C.M. 1921; amd. Sec. 18, Ch. 77, L. 1923; amd. Sec. 20, Ch. 59, L. 1927; re-en. Sec. 3723, R.C.M. 1935; amd. Sec. 16, Ch. 224, L. 1947; amd. Sec. 2, Ch. 309, L. 1971; amd. Sec. 33, Ch. 511, L. 1973; amd. Sec. 38, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501; amd. Sec. 1, Ch. 301, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-202. Definition of raptors

87-5-202. Definition of raptors.
"Raptors", when used in this part, means all birds of the orders falconiformes and strigiformes, commonly called falcons, hawks, eagles, ospreys, and owls.
History: En. Sec. 3, Ch. 309, L. 1971; amd. Sec. 34, Ch. 511, L. 1973; amd. Sec. 1, Ch. 34, L. 1974; amd. Sec. 39, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501.1(1).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-203. Regulation of raptors

87-5-203. Regulation of raptors.
A person may not at any time hunt, capture, kill, possess, purchase, offer or expose for sale, or transport a raptor except as provided in this part.
History: En. Sec. 3, Ch. 309, L. 1971; amd. Sec. 34, Ch. 511, L. 1973; amd. Sec. 1, Ch. 34, L. 1974; amd. Sec. 39, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501.1(2).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-204. License and rules for falconry and raptors

87-5-204. License and rules for falconry and raptors.
(1) The commission shall adopt specific rules for the keeping of records and for the trapping, taking, possession by residents and nonresidents, selling or transfer of possession, or training of raptors used in the practice of falconry and may authorize the issuance of licenses to persons for the practice of falconry and set license qualifications and fees. Rules adopted under this section are intended to conform to standards and regulations adopted under federal law by being at least as restrictive.
(2) Licensees must have in possession a valid falconer's license when engaged in the practice of falconry. In addition, falconers loosing raptors at game birds must have in possession a valid resident or nonresident upland game bird license or waterfowl stamp, as appropriate.
(3) Falconry licenses or permits are not transferable and may be revoked for due cause at any time by the department.
History: En. Sec. 3, Ch. 309, L. 1971; amd. Sec. 34, Ch. 511, L. 1973; amd. Sec. 1, Ch. 34, L. 1974; amd. Sec. 39, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501.1(3), (5), (6), (13), (14); amd. Sec. 1, Ch. 297, L. 1983; amd. Sec. 4, Ch. 105, L. 1987; amd. Sec. 1, Ch. 243, L. 1991; amd. Sec. 117, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-205. Restrictions on species allowed for falconry

87-5-205. Restrictions on species allowed for falconry.
(1) Bald eagles, any raptors listed pursuant to 50 CFR, part 17, and any species that has been listed pursuant to 87-5-107 may not be captured in this state for the sport of falconry.
(2) Species of raptors that are native to North America may be brought into Montana for the purpose of falconry unless that action is specifically prohibited by this part, the laws of other states, or the rules of the federal government. Those raptors may be possessed, subject to this part. A person bringing a raptor into this state must be able to show proof of the area of origin.
History: En. Sec. 3, Ch. 309, L. 1971; amd. Sec. 34, Ch. 511, L. 1973; amd. Sec. 1, Ch. 34, L. 1974; amd. Sec. 39, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501.1(4), (7); amd. Sec. 1, Ch. 422, L. 1987; amd. Sec. 1, Ch. 383, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-206. Repealed

87-5-206. Repealed.
Sec. 4, Ch. 243, L. 1991.
History: En. Sec. 3, Ch. 309, L. 1971; amd. Sec. 34, Ch. 511, L. 1973; amd. Sec. 1, Ch. 34, L. 1974; amd. Sec. 39, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501.1(8), (9), (12), (15); amd. Sec. 2, Ch. 297, L. 1983; amd. Sec. 1, Ch. 532, L. 1987.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-207. Restrictions on use of raptors

87-5-207. Restrictions on use of raptors.
(1) Raptors may not be used to intentionally flush or harass big game.
(2) Raptors may not be loosed intentionally at protected mammals and birds. Game bird limits and all seasons and other rules relating to game birds must be obeyed.
History: En. Sec. 3, Ch. 309, L. 1971; amd. Sec. 34, Ch. 511, L. 1973; amd. Sec. 1, Ch. 34, L. 1974; amd. Sec. 39, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501.1(10), (11).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-208. Nonresidents allowed raptors in state -- capture

87-5-208. Nonresidents allowed raptors in state -- capture.
(1) A nonresident who possesses a valid federal falconry license may practice falconry in the state of Montana with legally acquired and permitted raptors. A nonresident is allowed to hunt with falcons in the state of Montana subject to all Montana laws and rules.
(2) Nonresidents may capture raptors in Montana for falconry or captive breeding purposes pursuant to rules adopted under 87-5-204.
(3) A resident of a state that does not allow Montana residents to trap raptors in that state may not obtain a trapping permit in Montana.
History: En. Sec. 3, Ch. 309, L. 1971; amd. Sec. 34, Ch. 511, L. 1973; amd. Sec. 1, Ch. 34, L. 1974; amd. Sec. 39, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501.1(16); amd. Sec. 3, Ch. 243, L. 1991; amd. Sec. 1, Ch. 118, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-209. Destruction of eagles or predatory hawks and owls

87-5-209. Destruction of eagles or predatory hawks and owls.
Predatory hawks and owls destroying livestock or poultry may be killed at any time by the livestock or poultry owners. Eagles may be killed in compliance with federal law and regulation.
History: En. Sec. 3, Ch. 309, L. 1971; amd. Sec. 34, Ch. 511, L. 1973; amd. Sec. 1, Ch. 34, L. 1974; amd. Sec. 39, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501.1(17).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 2. Wild Birds -- Regulation of Raptors › 87-5-210. Captive breeding of raptors -- permit -- transfer and revocation -- rules

87-5-210. Captive breeding of raptors -- permit -- transfer and revocation -- rules.
(1) The department may grant permits to a person, whether or not licensed under this part, for the taking and holding of raptors for captive breeding purposes under such conditions, consistent with this part and with rules adopted by the commission, as the department may specify in the permit. The commission may set permit qualifications and fees by rule.
(2) Captive breeding permits are not transferable and may be revoked at any time by the department for violation of any conditions of the permit or regulations of the commission.
(3) The commission shall adopt rules regarding raptors taken and held for captive breeding projects. Rules adopted under this section are intended to conform to standards and regulations adopted under federal law by being at least as restrictive.
History: En. Secs. 3, 4, 5, Ch. 297, L. 1983; amd. Sec. 2, Ch. 532, L. 1987; amd. Sec. 2, Ch. 243, L. 1991.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 3. Grizzly Bear › 87-5-302. Commission regulations on grizzly bears

87-5-302. Commission regulations on grizzly bears.
(1) The commission may:
(a) pursuant to subsection (2), regulate the hunting of grizzly bears, including the establishment of tagging requirements for carcasses, skulls, and hides; and
(b) establish requirements for the transportation, exportation, and importation of grizzly bears.
(2) When special grizzly bear licenses are to be issued pursuant to 87-2-701, the commission shall establish hunting season quotas for grizzly bears that will prevent the population of grizzly bears from decreasing below sustainable levels and with the intent to meet population objectives for elk, deer, and antelope. The provisions of this subsection do not affect the restriction provided in 87-2-702(3) that limits a person to the taking of only one grizzly bear in Montana.
History: En. Sec. 2, Ch. 134, L. 1969; R.C.M. 1947, 26-307.3; amd. Sec. 4, Ch. 292, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 3. Grizzly Bear › 87-5-303. Repealed

87-5-303. Repealed.
Sec. 5, Ch. 568, L. 1985.
History: En. Sec. 4, Ch. 167, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-301.1.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 4. Game Preserves and Closed Areas › 87-5-401. Creation of game preserves and general provisions

87-5-401. Creation of game preserves and general provisions.
(1) There are game preserves within the state for the better protection of all the game animals and birds within their limits. Except as otherwise provided in this part, no person may, within the limits of a game preserve created by the legislature or by the commission, hunt for, trap, capture, kill, or take game animals, fur-bearing animals, or birds of any kind. Within the limits of a preserve, a person may not carry or discharge firearms, create any unusual disturbance tending to frighten or drive away any of the game animals or birds, or chase them with dogs. The commission may declare any preserve open to the trapping of fur-bearing animals during the regular open season.
(2) Permits to capture animals or birds for the purpose of propagation or for scientific purposes, to trap fur-bearing animals, to destroy mountain lions, wolves, foxes, coyotes, wildcats, lynx, or other predatory animals or birds, or to carry firearms may be issued by the director upon the payment of the fee and in accordance with rules established for the preserve by the commission.
History: En. Sec. 83, Ch. 173, L. 1917; re-en. Sec. 3761, R.C.M. 1921; re-en. Sec. 3761, R.C.M. 1935; amd. Sec. 28, Ch. 224, L. 1947; amd. Sec. 1, Ch. 31, L. 1949; amd. Sec. 44, Ch. 511, L. 1973; amd. Sec. 50, Ch. 9, L. 1977; R.C.M. 1947, 26-1101; amd. Sec. 1, Ch. 18, L. 1981.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 4. Game Preserves and Closed Areas › 87-5-402. Posting of notice and additional provisions

87-5-402. Posting of notice and additional provisions.
(1) Preserves, refuges, sanctuaries, rest grounds, or closed districts created by the department and any land or water areas or portions of preserves, refuges, sanctuaries, rest grounds, or closed districts closed by the department must be conspicuously posted for a period of 20 days, with posters setting forth their purposes and the penalties for violating the orders, rules, and regulations of the department applicable to them. Not less than 20 days before creation of any fish and game district, preserve, refuge, sanctuary, rest ground, or closed district or closure of land or water areas, publication must be made of the boundaries of the fish and game district, preserve, refuge, sanctuary, rest ground, or closed district, with boundaries accurately designated by definite topographic monuments or public land survey. Publication must be in a newspaper having general circulation in the locality of the fish and game district, preserve, refuge, sanctuary, rest ground, or closed district.
(2) The hunting, pursuing, capturing, killing, or taking of any fish, game animals, game birds, or fur-bearing animals in violation of the orders, rules, or regulations of the department governing any closed season, fish and game district, preserve, refuge, sanctuary, rest ground, or closed land or water area promulgated by the department is punishable by the penalties provided for the violation of laws regarding closed seasons.
(3) All game preserves or refuges created are continued in full effect until they are changed by the department in the manner designated in this section. The department has the right, power, and authority, when properly petitioned, to alter and change the boundaries of or entirely do away with and abandon any preserve or refuge, except the Sun River game preserve, when, in the opinion of the department, it is in the best interest to do so.
History: En. Sec. 27, Ch. 193, L. 1921; re-en. Sec. 3676, R.C.M. 1921; amd. Sec. 1, Ch. 87, L. 1933; re-en. Sec. 3676, R.C.M. 1935; amd. Sec. 1, Ch. 145, L. 1937; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-127; amd. Sec. 2, Ch. 16, L. 2007.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 4. Game Preserves and Closed Areas › 87-5-403. Sun River game preserve

87-5-403. Sun River game preserve.
There is a Sun River game preserve described as follows: beginning at a point on the continental divide of the Rocky Mountains, due south of the head or source of the south fork of the north fork of Sun River, in what will be, when surveyed, section 8, township 18 north of range 10 west, Montana meridian; thence due north from the crest of the continental divide to the head of the south fork of the north fork of Sun River; thence northerly along and down the course of the south fork of the north fork of Sun River as it winds and turns to its confluence with the north fork of the north fork of Sun River; thence northerly along the course of the north fork of the north fork of Sun River as it winds and turns to its head or source; thence due north to the crest of the continental divide of the Rocky Mountains; thence along the crest of the continental divide of the Rocky Mountains southwesterly and southerly to the place of beginning, intending hereby to include in said game preserve all that territory lying between the south fork of the north fork and the north fork of the north fork of Sun River on the east and the continental divide of the Rocky Mountains on the west.
History: En. Sec. 1, Ch. 34, L. 1913; re-en. Sec. 83, Ch. 173, L. 1917; re-en. Sec. 3763, R.C.M. 1921; re-en. Sec. 3763, R.C.M. 1935; amd. Sec. 26, Ch. 9, L. 1977; R.C.M. 1947, 26-1102.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 4. Game Preserves and Closed Areas › 87-5-404. Flathead Lake bird preserve -- university of Montana-Missoula biological reserve

87-5-404. Flathead Lake bird preserve -- university of Montana-Missoula biological reserve.
(1) Those islands, two in number, including lot one of block one, containing two and fifty-seven hundredths acres; lot two of block one, containing two and sixty hundredths acres; lot one of block two, containing one and sixty-five hundredths acres, all being in the villa site of islands situated in Flathead Lake in the county of Flathead, Montana, according to the official plat and survey of the land returned to the general land office by the surveyor general, are a perpetual place of refuge for birds of all kinds, and those lands are to be called the "Flathead Lake bird preserve". The lands are reserved for the breeding, propagating, and protection of all species of birds.
(2) It is unlawful for any person to hunt, as defined in 87-2-101, or destroy or in any way injure any bird on the islands or to interfere with their eggs or nests or to hunt any bird within a distance of 400 yards from the shoreline of the islands.
(3) It is unlawful for any person to hunt, as defined in 87-2-101, or destroy or in any way injure any bird or animal on the university of Montana-Missoula biological reserve located on the east shore of Flathead Lake or to interfere with their eggs or their young or their nests or to hunt any bird or any animal within 400 yards of the university of Montana-Missoula biological reserve or to discharge any firearms on the reserve or within 400 yards of the reserve.
History: En. Sec. 83, Ch. 173, L. 1917; re-en. Sec. 3768, R.C.M. 1921; re-en. Sec. 3768, R.C.M. 1935; R.C.M. 1947, 26-1107; amd. Sec. 35, Ch. 417, L. 1995; amd. sec. 36, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 4. Game Preserves and Closed Areas › 87-5-405. Repealed

87-5-405. Repealed.
Sec. 1, Ch. 419, L. 2005.
History: En. Sec. 1, Ch. 33, L. 1923; re-en. Sec. 3776.3, R.C.M. 1935; R.C.M. 1947, 26-1116; amd. Sec. 2, Ch. 18, L. 1981.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 4. Game Preserves and Closed Areas › 87-5-406. Gates of the Mountains game preserve

87-5-406. Gates of the Mountains game preserve.
(1) Beginning in section 2, township 12 north, range 3 west, at the southeast corner of upper Holter Lake and proceeding westerly along the northern shoreline of upper Holter Lake in the Gates of the Mountains area located in Lewis and Clark County, Montana, and then northerly along Stoney Point Beacon road, then northerly along the powerline to the beacon, then along the bulldozer road to the point of the ridge in section 23, township 13 north, range 3 west, then northerly to the Missouri River, then easterly across the river and lake to the forest service boundary to the wilderness boundary, then south following the wilderness boundary to the southeast corner of section 1, township 12 north, range 3 west, then west back to the upper Holter Lake to the point of beginning, intending to include in the game preserve all that territory adjacent to the Gates of the Mountains area, is called the Gates of the Mountains game preserve.
(2) It is unlawful for any person to hunt, as defined in 87-2-101, or destroy or in any way injure any bird or fur-bearing animal in the area or to interfere with their eggs or nests or to hunt any bird or fur-bearing animal within the preserve. The area is closed to all hunting at all times.
History: En. Sec. 1, Ch. 115, L. 1971; R.C.M. 1947, 26-1128; amd. Sec. 36, Ch. 417, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 5. Stream Protection › 87-5-501. State policy

87-5-501. State policy.
It is hereby declared to be the policy of the state of Montana that its fish and wildlife resources and particularly the fishing waters within the state are to be protected and preserved to the end that they be available for all time, without change, in their natural existing state except as may be necessary and appropriate after due consideration of all factors involved.
History: En. Sec. 1, Ch. 10, L. 1965; R.C.M. 1947, 26-1501.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 5. Stream Protection › 87-5-502. Notice of construction or hydraulic projects

87-5-502. Notice of construction or hydraulic projects.
An agency of state government, county, municipality, or other subdivision of the state of Montana, hereafter called applicant, shall not construct, modify, operate, maintain, or fail to maintain any construction project or hydraulic project which may or will obstruct, damage, diminish, destroy, change, modify, or vary the natural existing shape and form of any stream or its banks or tributaries by any type or form of construction without first causing notice of such planned construction to be served upon the department on forms furnished by the department as soon as preliminary plans are completed but not less than 60 days prior to commencement of final plans for construction. Such notice shall include detailed plans and specifications of so much of said project as may or will affect any such stream in any manner specified above.
History: En. Sec. 2, Ch. 10, L. 1965; amd. Sec. 1, Ch. 133, L. 1971; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1502.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 5. Stream Protection › 87-5-503. Investigation of construction plans

87-5-503. Investigation of construction plans.
The department shall promptly examine and investigate all such plans. Should the department determine the plans and specifications furnished with any such application technically insufficient, the department shall so notify the applicant and may render aid in preparing adequate plans and specifications.
History: En. Sec. 3, Ch. 10, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1503.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 5. Stream Protection › 87-5-504. Notice of department findings and alternative plans

87-5-504. Notice of department findings and alternative plans.
Within 30 days after the receipt of such plans, the department shall notify the applicant whether or not such construction project or hydraulic project will adversely affect any fish or game habitat. If the department notifies the applicant that such construction will adversely affect any fish or game habitat, it shall accompany such notice with recommendations or alternative plans which will eliminate or diminish such adverse effect.
History: En. Sec. 4, Ch. 10, L. 1965; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1504.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 5. Stream Protection › 87-5-505. Arbitration of disputes

87-5-505. Arbitration of disputes.
(1) If the department notifies the applicant that the construction will adversely affect fish or game habitat, the applicant, within 15 days after receiving the recommendations and alternatives of the department, shall notify the department if it refuses to modify its plans in accordance with the recommendations or alternatives. In the event of refusal, the disagreement shall be arbitrated as provided in subsection (2) of this section.
(2) (a) Upon receipt of a notice of refusal, the department shall determine if it wants the disagreement arbitrated. Within 10 days after an affirmative determination and after notice to the applicant, the department shall notify, in writing, all district judges of the judicial district or districts in which the project is located that an arbitration board is needed. Within 5 days of receipt of notification, the judges shall appoint three people from the county or counties in which the project is located to an arbitration committee. Within 10 days after the committee is appointed, it shall meet, hear testimony from all the parties concerned, and issue a decision signed by at least two members of the committee. The decision shall be binding on all parties concerned.
(b) Travel expenses of the arbitrators shall be allowed as in 2-18-501 through 2-18-503, as amended, and shall be divided equally among the agencies involved.
History: En. Sec. 5, Ch. 10, L. 1965; amd. Sec. 2, Ch. 133, L. 1971; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 5, Ch. 453, L. 1977; R.C.M. 1947, 26-1505.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 5. Stream Protection › 87-5-506. Vested water rights preserved and emergency actions excepted

87-5-506. Vested water rights preserved and emergency actions excepted.
This part shall not operate or be so construed as to impair, diminish, divest, or control any existing or vested water rights under the laws of the state of Montana or the United States or operate in emergencies such as floods, ice jams, or other conditions causing emergency handling.
History: En. Sec. 6, Ch. 10, L. 1965; R.C.M. 1947, 26-1506.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 5. Stream Protection › 87-5-507. Irrigation projects excepted

87-5-507. Irrigation projects excepted.
This part shall not apply to any irrigation district project or any other irrigation system.
History: En. Sec. 7, Ch. 10, L. 1965; amd. Sec. 3, Ch. 133, L. 1971; R.C.M. 1947, 26-1507.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 5. Stream Protection › 87-5-508. Federal actions injuring fish and wildlife

87-5-508. Federal actions injuring fish and wildlife.
The department shall observe acts and omissions on the part of the government of the United States and its agencies within the state of Montana which do, will, or might affect adversely the fish and wildlife resources, including but not limited to the fishing streams within the state, and upon receiving such information, the department shall without delay send formal notification in writing, by certified mail, to the appropriate federal agency or agencies involved, setting forth in detail the appropriate objections of the state of Montana to the acts and omissions aforesaid. The department shall keep complete files and records, available for public inspection, of all matters and things done and all communications and correspondence sent and received pursuant to this section.
History: En. Sec. 4, Ch. 133, L. 1971; amd. Sec. 11, Ch. 417, L. 1977; R.C.M. 1947, 26-1508.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 5. Stream Protection › 87-5-509. Penalty and restoration

87-5-509. Penalty and restoration.
(1) An agency, under 87-5-502, violating provisions of this part shall be assessed a fine of not less than $100 or more than $500 for each day of continuing violation but not more than a total of $1,000.
(2) In addition, at the discretion of the court, the agency shall restore the damaged stream to its prior condition. Employees of an agency acting in the ordinary course of their employment under directions of a superior are not liable for violations under this section.
(3) The department may institute and maintain in the name of the state enforcement proceedings under this section. All fines assessed under this section shall be deposited in the state special revenue fund for the use of the department.
History: En. 26-1509 by Sec. 1, Ch. 339, L. 1975; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1509; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 6. Fish and Wildlife Crimestoppers › 87-5-601. Short title

87-5-601. Short title.
This part may be cited as the "Fish, Wildlife, and Parks Crimestoppers Act".
History: En. Sec. 1, Ch. 305, L. 1985; amd. Sec. 2, Ch. 393, L. 1997.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 6. Fish and Wildlife Crimestoppers › 87-5-602. Definitions

87-5-602. Definitions.
As used in this part, the following definitions apply:
(1) "Board" means the fish, wildlife, and parks crimestoppers board created in 2-15-3404.
(2) "Department" means the department of fish, wildlife, and parks.
(3) "Program" means the fish, wildlife, and parks crimestoppers program created under 87-5-605.
History: En. Sec. 2, Ch. 305, L. 1985; amd. Sec. 3, Ch. 393, L. 1997.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 6. Fish and Wildlife Crimestoppers › 87-5-603. Functions of board

87-5-603. Functions of board.
The board shall recommend to the department:
(1) the names of individuals to be rewarded for providing information used in detecting and combating fish, wildlife, and parks-related crimes;
(2) the amount of any reward recommended; and
(3) means for promoting the program.
History: En. Sec. 3, Ch. 305, L. 1985; amd. Sec. 4, Ch. 393, L. 1997.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 6. Fish and Wildlife Crimestoppers › 87-5-604. Expenses of board members

87-5-604. Expenses of board members.
Members of the board are entitled to no salary but are entitled to expenses incurred while on official business, as provided in 2-18-501 through 2-18-503.
History: En. Sec. 4, Ch. 305, L. 1985.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 6. Fish and Wildlife Crimestoppers › 87-5-605. Powers and duties of department -- rules

87-5-605. Powers and duties of department -- rules.
(1) The department shall:
(a) create, maintain, and promote a statewide fish, wildlife, and parks crimestoppers program in order to assist law enforcement agencies in detecting and combating fish, wildlife, and parks-related crimes; and
(b) consider the board's recommendations and take action on them.
(2) The department may:
(a) advise and assist in the creation and maintenance of local programs, including neighborhood watch programs;
(b) encourage the channeling of information from state and local programs to law enforcement agencies;
(c) foster the detection of fish, wildlife, and parks-related crimes by the public;
(d) encourage the public, through a reward program or otherwise, to provide information that assists in the prosecution of fish, wildlife, and parks-related crimes;
(e) promote state and local programs through the media;
(f) accept gifts, grants, or donations for the furtherance of the program and spend these in compliance with the conditions of the gifts, grants, or donations; and
(g) adopt rules necessary to administer the provisions of this part.
History: En. Sec. 5, Ch. 305, L. 1985; amd. Sec. 5, Ch. 393, L. 1997.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 6. Fish and Wildlife Crimestoppers › 87-5-606. Confidentiality

87-5-606. Confidentiality.
The identity of a person submitting information under the program and any information that may lead to the disclosure of such identity is confidential.
History: En. Sec. 6, Ch. 305, L. 1985.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-701. Purpose

87-5-701. Purpose.
The legislature finds that in order to protect Montana's native wildlife and plant species, livestock, horticultural, forestry, and agricultural production, and human health and safety, it is necessary to regulate the importation for introduction and the transplantation or introduction of wildlife in the state and to regulate the importation, transplantation, possession, and sale of exotic wildlife. Serious threats, known and unknown, from the introduction of wildlife and exotic wildlife into Montana necessitate the regulation of the importation for introduction and the transplantation or introduction of wildlife and regulation of the importation, transplantation, possession, and sale of exotic wildlife unless it can be shown that no harm will result from the importation, transplantation, possession, sale, or introduction. Any importation, transplantation, possession, sale, or introduction permitted must be conducted in a manner to ensure that wildlife or exotic wildlife can be controlled if harm arises from unforeseen effects.
History: En. Sec. 2, Ch. 624, L. 1985; amd. Sec. 6, Ch. 536, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-702. Definitions

87-5-702. Definitions.
For purposes of this part, the following definitions apply:
(1) "Controlled exotic wildlife" means species placed on the controlled exotic wildlife list under 87-5-707 that may be imported, possessed, or sold only pursuant to commission and department rules and an authorization permit provided for in 87-5-705(2).
(2) "Domestic animal" means an animal that, through long association with humans, has been bred to a degree that has resulted in genetic changes affecting color, temperament, conformation, or other attributes of the species to an extent that makes the animal unique and distinguishable from wild individuals of the species and that is readily controllable if accidentally released into the wild. The term includes livestock, as defined in 81-2-702, dogs, cats, rodents, Eurasian ferrets, and poultry.
(3) "Exotic wildlife" means a wildlife species that is not native to Montana.
(4) "Feral" means the appearance of an animal and any offspring that have escaped captivity and become wild.
(5) "Importation" means the act of receiving, bringing or having brought, or shipping into the state for a person's temporary or permanent residence or domicile any wildlife from a location outside the state.
(6) "Introduction" means the release from captivity or attempt to release from captivity, intentional or otherwise, wildlife from outside the state into the wild within the state.
(7) "Native wildlife" means a species or subspecies of wildlife that historically occurred in Montana and that has not been introduced by humans or has not migrated into Montana as a result of human activity.
(8) "Noncontrolled exotic wildlife" means animal species traditionally sold or kept as pets and includes animals listed in 87-5-706 or animals that are added to the list in 87-5-706 by commission rule.
(9) "Possession" means to own or have control over an animal for personal use or resale.
(10) "Prohibited exotic wildlife" means animal species placed on the list provided in 87-5-704(3)(a) that may not be imported, possessed, or sold.
(11) "Transplantation" means the release of or attempt to release, intentional or otherwise, wildlife from one place within the state into another part of the state.
(12) (a) "Wildlife" means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or the egg, sperm, embryo, or offspring of the wild animal.
(b) The term does not include domestic animals.
History: En. Sec. 3, Ch. 624, L. 1985; amd. Sec. 7, Ch. 536, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-703. Applicability to other provisions for importation or introduction of wildlife

87-5-703. Applicability to other provisions for importation or introduction of wildlife.
Sections 87-5-701 through 87-5-704, 87-5-711, 87-5-713 through 87-5-716, and 87-5-721 do not apply to the provisions on importation or introduction of wildlife contained in the following laws:
(1) Title 80;
(2) 87-3-208 and 87-6-219(1)(a);
(3) 87-3-221 through 87-3-224 or 87-3-210, 87-3-225 through 87-3-227, and 87-6-219(1)(b);
(4) 87-4-422;
(5) 87-5-112;
(6) 87-5-205;
(7) 87-5-302; or
(8) Title 81, chapter 2.
History: En. Sec. 11, Ch. 624, L. 1985; amd. Sec. 13, Ch. 376, L. 1989; amd. Sec. 1, Ch. 281, L. 2005; amd. Sec. 118, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-704. Rulemaking

87-5-704. Rulemaking.
(1) The commission may adopt rules to implement 87-5-701, 87-5-702, and 87-5-711 through 87-5-715. In implementing 87-5-713, the commission may adopt rules approving species of wildlife that may be introduced by the department. In implementing 87-5-715, the commission may adopt rules to authorize the control or extermination by the department of introduced wildlife species.
(2) The department may adopt rules to implement 87-5-713 and 87-5-715. In implementing 87-5-713 and 87-5-715, the department may not adopt rules in the subject areas reserved to the commission in subsection (1).
(3) (a) The commission may adopt rules to implement 87-5-705 through 87-5-709 and 87-5-712 regarding the importation, possession, and sale of exotic wildlife, including adoption of a list of controlled exotic wildlife and a list of prohibited exotic wildlife. The commission may by rule add to the list of noncontrolled exotic wildlife provided in 87-5-706. The department of livestock may not issue import permits for exotic wildlife on a list of controlled exotic wildlife or prohibited exotic wildlife without authorization from the department.
(b) The commission may adopt rules regarding the operation of the classification review committee established in 87-5-708.
(4) The department may adopt rules regarding issuance of the authorization permit provided for in 87-5-705(2), including the establishment of a reasonable fee for the permit.
History: En. Sec. 10, Ch. 624, L. 1985; amd. Sec. 8, Ch. 536, L. 2003; amd. Sec. 2, Ch. 281, L. 2005; amd. Sec. 72, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-705. Regulation of exotic wildlife

87-5-705. Regulation of exotic wildlife.
(1) A person may not import into the state, possess, or sell any exotic wildlife unless:
(a) the importation, possession, or sale of the exotic wildlife is allowed by law or commission rule; and
(b) the person has obtained authorization for importation from the department of livestock pursuant to Title 81, chapter 2, part 7.
(2) The department may issue a permit for authorizing the possession or sale of controlled exotic wildlife and make the permit available to persons who wish to import, possess, or sell controlled exotic wildlife, subject to rules of the commission and the department. The department may charge a reasonable fee, as determined by department rule, for the issuance of the authorization permit.
History: En. Sec. 1, Ch. 536, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 5. Wildlife Protection › Part 7. Importation, Introduction, and Transplantation of Wildlife › 87-5-707. Controlled exotic wildlife list

87-5-707. Controlled exotic wildlife list.
As provided in 87-5-704(3)(a), the commission, after a public hearing and recommendation from the classification review committee established in 87-5-708, may by rule adopt a list of controlled exotic wildlife that may be imported, possessed, or sold only pursuant to commission and department rules and department authorization.
History: En. Sec. 3, Ch. 536, L. 2003.