reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-126. Use of aircraft or helicopter -- authority to issue permits and adopt rules

87-3-126. Use of aircraft or helicopter -- authority to issue permits and adopt rules.
An aircraft or helicopter may be used for the purpose of herding, driving, or hazing wild animals damaging private property or crops on the property in question pursuant to a permit issued by the department. The commission shall adopt rules for the issuance of the permit. The permit may be conditioned to address individual circumstances of each application for a permit. The department may not issue permits during any legal hunting season for the species for which a permit was requested. The permitting program must comply with requirements of federal law for the activity.
History: En. Sec. 14, Ch. 238, L. 1921; re-en. Sec. 3694, R.C.M. 1921; amd. Sec. 5, Ch. 77, L. 1923; amd. Sec. 15, Ch. 192, L. 1925; amd. Sec. 12, Ch. 59, L. 1927; amd. Sec. 1, Ch. 162, L. 1931; amd. Sec. 1, Ch. 159, L. 1941; amd. Sec. 5, Ch. 224, L. 1947; amd. Sec. 1, Ch. 157, L. 1949; amd. Sec. 1, Ch. 126, L. 1951; amd. Sec. 1, Ch. 223, L. 1953; amd. Sec. 1, Ch. 193, L. 1955; amd. Sec. 1, Ch. 53, L. 1963; amd. Sec. 1, Ch. 34, L. 1967; amd. Sec. 1, Ch. 90, L. 1969; amd. Sec. 1, Ch. 201, L. 1969; amd. Sec. 1, Ch. 177, L. 1971; amd. Sec. 1, Ch. 124, L. 1973; amd. Sec. 1, Ch. 305, L. 1973; amd. Sec. 1, Ch. 108, L. 1975; amd. Sec. 1, Ch. 152, L. 1975; amd. Sec. 9, Ch. 9, L. 1977; amd. Sec. 1, Ch. 196, L. 1977; amd. Sec. 5, Ch. 235, L. 1977; amd. Sec. 1, Ch. 400, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 1, Ch. 485, L. 1977; R.C.M. 1947, 26-301(2); amd. Sec. 1, Ch. 211, L. 2005; amd. Sec. 100, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-127. Taking of stock-killing animals

87-3-127. Taking of stock-killing animals.
(1) Livestock owners, their agents, or employees of the department or a federal agency may use dogs in pursuit of stock-killing black bears, stock-killing mountain lions, and stock-killing bobcats. Other means of taking stock-killing black bears, stock-killing mountain lions, and stock-killing bobcats may be used, except the deadfall.
(2) Traps used in capturing bears must be inspected twice each day with the inspections 12 hours apart.
History: En. Sec. 14, Ch. 238, L. 1921; re-en. Sec. 3694, R.C.M. 1921; amd. Sec. 5, Ch. 77, L. 1923; amd. Sec. 15, Ch. 192, L. 1925; amd. Sec. 12, Ch. 59, L. 1927; amd. Sec. 1, Ch. 162, L. 1931; amd. Sec. 1, Ch. 159, L. 1941; amd. Sec. 5, Ch. 224, L. 1947; amd. Sec. 1, Ch. 157, L. 1949; amd. Sec. 1, Ch. 126, L. 1951; amd. Sec. 1, Ch. 223, L. 1953; amd. Sec. 1, Ch. 193, L. 1955; amd. Sec. 1, Ch. 53, L. 1963; amd. Sec. 1, Ch. 34, L. 1967; amd. Sec. 1, Ch. 90, L. 1969; amd. Sec. 1, Ch. 201, L. 1969; amd. Sec. 1, Ch. 177, L. 1971; amd. Sec. 1, Ch. 124, L. 1973; amd. Sec. 1, Ch. 305, L. 1973; amd. Sec. 1, Ch. 108, L. 1975; amd. Sec. 1, Ch. 152, L. 1975; amd. Sec. 9, Ch. 9, L. 1977; amd. Sec. 1, Ch. 196, L. 1977; amd. Sec. 3, Ch. 235, L. 1977; amd. Sec. 1, Ch. 400, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 1, Ch. 485, L. 1977; R.C.M. 1947, 26-301(part (5)(a)); amd. Sec. 5, Ch. 316, L. 2001.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-128. Exceptions -- department personnel

87-3-128. Exceptions -- department personnel.
The provisions of this chapter relating to methods of herding, driving, capturing, taking, locating, or concentrating of fish, game animals, game birds, or fur-bearing animals do not apply to the department or to any employee thereof while acting within the scope and course of the powers and duties of the department.
History: En. Sec. 14, Ch. 238, L. 1921; re-en. Sec. 3694, R.C.M. 1921; amd. Sec. 5, Ch. 77, L. 1923; amd. Sec. 15, Ch. 192, L. 1925; amd. Sec. 12, Ch. 59, L. 1927; amd. Sec. 1, Ch. 162, L. 1931; amd. Sec. 1, Ch. 159, L. 1941; amd. Sec. 5, Ch. 224, L. 1947; amd. Sec. 1, Ch. 157, L. 1949; amd. Sec. 1, Ch. 126, L. 1951; amd. Sec. 1, Ch. 223, L. 1953; amd. Sec. 1, Ch. 193, L. 1955; amd. Sec. 1, Ch. 53, L. 1963; amd. Sec. 1, Ch. 34, L. 1967; amd. Sec. 1, Ch. 90, L. 1969; amd. Sec. 1, Ch. 201, L. 1969; amd. Sec. 1, Ch. 177, L. 1971; amd. Sec. 1, Ch. 124, L. 1973; amd. Sec. 1, Ch. 305, L. 1973; amd. Sec. 1, Ch. 108, L. 1975; amd. Sec. 1, Ch. 152, L. 1975; R.C.M. 1947, 26-301(10); amd. Sec. 9, Ch. 44, L. 1979.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-129. Exception in cases of extreme hunger

87-3-129. Exception in cases of extreme hunger.
When it is shown that any violation of the provisions of this title was for the purpose of preventing great suffering by hunger of any person which could not otherwise have been avoided, the provisions of this title shall not apply to the case.
History: En. Sec. 79, Ch. 173, L. 1917; re-en. Sec. 3758, R.C.M. 1921; re-en. Sec. 3758, R.C.M. 1935; amd. Sec. 25, Ch. 9, L. 1977; R.C.M. 1947, 26-1006.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-130. Repealed

87-3-130. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 1, Ch. 306, L. 1981; amd. Sec. 13, Ch. 206, L. 1995; amd. Sec. 3, Ch. 540, L. 1995; amd. Sec. 3, Ch. 275, L. 2001; amd. Sec. 6, Ch. 316, L. 2001; amd. Sec. 1, Ch. 294, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-131. Regulation of grizzly bear parts

87-3-131. Regulation of grizzly bear parts.
A person who is responsible for the death of a grizzly bear shall deliver all parts of the grizzly bear required by department or commission regulation for scientific purposes to an officer or employee of the department for inspection as soon as possible after removal, and the department shall return to the person any bone structure and skull within 1 year upon written request. The hide must be returned immediately.
History: En. Sec. 98(4), Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-141. Repealed

87-3-141. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 1, Ch. 492, L. 1987; amd. Sec. 1, Ch. 453, L. 1997.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-142. Repealed

87-3-142. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 2, Ch. 492, L. 1987; amd. Sec. 2, Ch. 453, L. 1997.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-143. Repealed

87-3-143. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 3, Ch. 492, L. 1987; amd. Sec. 4, Ch. 589, L. 1993.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 1. General Provisions › 87-3-145. Permit to salvage game animals

87-3-145. Permit to salvage game animals.
(1) A peace officer may issue permits to applicants for the purpose of salvaging antelope, deer, elk, or moose that have been accidentally killed as a result of a vehicle collision.
(2) For purposes of this section, "peace officer" means a sheriff, deputy sheriff, undersheriff, police officer, highway patrol officer, fish and game warden, park ranger, campus security officer, or airport police officer.
History: En. Sec. 1, Ch. 137, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-201. Department control over fish hatcheries

87-3-201. Department control over fish hatcheries.
The department has full control of all state fish hatcheries and is responsible for their construction, maintenance, and operation. All that construction work done under contract or otherwise shall be done under control and supervision of the director. The department shall administer the taking and collecting of all spawn, the hatching of all spawn and eggs, and the rearing, propagation, and distribution of fry, fingerlings, and fish. The department may purchase as many eyed eggs as are necessary to keep the hatcheries of the state supplied with eggs and in full operation. The department shall make every reasonable effort to collect sufficient eggs from the public streams or lakes of this state to supply the hatcheries and for that purpose may build, equip, and use fish traps and nets at any time of the year in all public waters. The department may purchase the eyed eggs of fish not propagated in this state for the purpose of stocking the waters of this state.
History: En. Sec. 17, Ch. 193, L. 1921; re-en. Sec. 3666, R.C.M. 1921; amd. Sec. 10, Ch. 192, L. 1925; re-en. Sec. 3666, R.C.M. 1935; amd. Sec. 4, Ch. 81, L. 1951; amd. Sec. 15, Ch. 511, L. 1973; R.C.M. 1947, 26-117.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-202. Supervision over fish hatcheries by director

87-3-202. Supervision over fish hatcheries by director.
The director has general supervision over all fish hatcheries in the state. The output of all hatcheries shall be used to stock the lakes and streams of the state and shall be for free and impartial distribution. Distribution shall be under the direction of the department subject to an official order of the director. The director may exchange spawn or fish with other states or persons for distribution in this state.
History: En. Sec. 15, Ch. 193, L. 1921; re-en. Sec. 3664, R.C.M. 1921; amd. Sec. 8, Ch. 192, L. 1925; re-en. Sec. 3664, R.C.M. 1935; amd. Sec. 2, Ch. 81, L. 1951; amd. Sec. 15, Ch. 177, L. 1965; amd. Sec. 14, Ch. 511, L. 1973; R.C.M. 1947, 26-115.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-203. Restrictions on use of fish as bait

87-3-203. Restrictions on use of fish as bait.
The department may prohibit the use of small fish as bait for catching fish in such waters as the department designates. It may promulgate such other rules as are necessary to insure an adequate supply of fish in such waters and may regulate fishing from boats or other floating devices and the use of fishing lures or baits in all waters of the state.
History: En. Sec. 3694.3, R.C.M. 1935 by Sec. 1, Ch. 100, L. 1949; amd. Sec. 1, Ch. 153, L. 1951; amd. Sec. 2, Ch. 113, L. 1975; amd. Sec. 37, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-344(1).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-204. Designation of state waters for particular fishing methods

87-3-204. Designation of state waters for particular fishing methods.
(1) (a) The commission may designate waters within the state in which rubber or spring-propelled spears employed by persons swimming or submerged in the water or traps, seines, nets, spears, or gigs may be used for taking:
(i) nongame fish; or
(ii) walleyed pike, sauger, northern pike, burbot (ling), and whitefish.
(b) The commission may adopt rules for the taking of fish under this subsection (1), and the rules may be specific to the water designated. The designated waters may be closed at the discretion of the commission.
(c) Except when the taking of game fish is authorized pursuant to subsection (1)(a)(ii), all game fish captured while fishing as authorized under this subsection (1) must be returned uninjured to the waters from which they were taken.
(2) The commission may designate certain waters where setlines may be used to fish for certain species of game or nongame fish, and the commission may designate the number of hooks and lines and the length of line or lines that may be used as setlines.
(3) The commission may designate waters where authorized commercial fishing operators may use approved nets, seines, and traps to fish for designated species of nongame fish.
History: Ap. p. Sec. 14, Ch. 238, L. 1921; re-en. Sec. 3694, R.C.M. 1921; amd. Sec. 5, Ch. 77, L. 1923; amd. Sec. 15, Ch. 192, L. 1925; amd. Sec. 12, Ch. 59, L. 1927; amd. Sec. 1, Ch. 162, L. 1931; amd. Sec. 1, Ch. 159, L. 1941; amd. Sec. 5, Ch. 224, L. 1947; amd. Sec. 1, Ch. 157, L. 1949; amd. Sec. 1, Ch. 126, L. 1951; amd. Sec. 1, Ch. 223, L. 1953; amd. Sec. 1, Ch. 193, L. 1955; amd. Sec. 1, Ch. 53, L. 1963; amd. Sec. 1, Ch. 34, L. 1967; amd. Sec. 1, Ch. 90, L. 1969; amd. Sec. 1, Ch. 201, L. 1969; amd. Sec. 1, Ch. 177, L. 1971; amd. Sec. 1, Ch. 124, L. 1973; amd. Sec. 1, Ch. 305, L. 1973; amd. Sec. 1, Ch. 108, L. 1975; amd. Sec. 1, Ch. 152, L. 1975; amd. Sec. 9, Ch. 9, L. 1977; amd. Sec. 1, Ch. 196, L. 1977; amd. Sec. 3, Ch. 235, L. 1977; amd. Sec. 1, Ch. 400, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 1, Ch. 485, L. 1977; Sec. 26-301, R.C.M. 1947; Ap. p. Sec. 22, Ch. 173, L. 1917; re-en. Sec. 3714, R.C.M. 1921; amd. Sec. 16, Ch. 77, L. 1923; amd. Sec. 25, Ch. 192, L. 1925; amd. Sec. 18, Ch. 59, L. 1927; re-en. Sec. 3714, R.C.M. 1935; amd. Sec. 1, Ch. 44, L. 1959; amd. Sec. 2, Ch. 90, L. 1969; amd. Sec. 1, Ch. 8, L. 1971; amd. Sec. 36, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; Sec. 26-332, R.C.M. 1947; R.C.M. 1947, 26-301(part (1)(a)), (6), (7), 26-332; amd. Sec. 1, Ch. 50, L. 1979; amd. Sec. 1, Ch. 267, L. 1983; amd. Sec. 1, Ch. 149, L. 1987; amd. Sec. 1, Ch. 211, L. 1989; amd. Sec. 2, Ch. 28, L. 1991; amd. Sec. 4, Ch. 84, L. 2003; amd. Sec. 1, Ch. 227, L. 2003; amd. Sec. 101, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-205. Repealed

87-3-205. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 25, Ch. 173, L. 1917; re-en. Sec. 3716, R.C.M. 1921; amd. Sec. 1, Ch. 113, L. 1933; re-en. Sec. 3716, R.C.M. 1935; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-334; amd. Sec. 5, Ch. 84, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-206. Repealed

87-3-206. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 26, Ch. 173, L. 1917; re-en. Sec. 3717, R.C.M. 1921; amd. Sec. 24, Ch. 192, L. 1925; amd. Sec. 1, Ch. 82, L. 1933; re-en. Sec. 3717, R.C.M. 1935; amd. Sec. 1, Ch. 101, L. 1949; amd. Sec. 1, Ch. 114, L. 1955; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-335; amd. Sec. 2849, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-207. Repealed

87-3-207. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 1, Ch. 126, L. 1971; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-813.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-208. Regulation of placing of caged fish

87-3-208. Regulation of placing of caged fish.
The department shall have the authority to regulate the placing of caged fish in public waters to protect the recreational and aesthetic use of such water from pollution, excessive private use, and the introduction of disease.
History: En. Sec. 2, Ch. 126, L. 1971; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-814.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-210. Permit required for importation of nonsalmonid fish or eggs

87-3-210. Permit required for importation of nonsalmonid fish or eggs.
Except when intended for use in home or office aquariums, importations of live nonsalmonid fish or eggs must be accompanied by a permit as described for salmonids in 87-3-221(2). The permit may require that the importation be inspected and approved by a department biologist prior to release or placement.
History: En. Sec. 4, Ch. 376, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-221. Importation of salmonid fish or eggs unlawful -- exception -- certification -- permit

87-3-221. Importation of salmonid fish or eggs unlawful -- exception -- certification -- permit.
(1) It is unlawful to bring live or dead salmonid fish or eggs into the state of Montana for any purpose unless the importations are shipped direct from the source to destination and a written certification that the source is free of all fish pathogens specified by the department as posing a threat to existing fisheries accompanies the shipment. Certification must be made by a fish pathologist approved by the director. Certification of the source may be by inspection conducted annually or at other times that the director may order.
(2) In addition to the certification required in subsection (1), all importations of live salmonid fish or eggs must be accompanied by a permit issued by the department. The department shall issue an import permit upon application to the department showing that the proposed importations do not present a substantial threat to the health of state fisheries. The department may condition the permit as necessary to protect fisheries from the introduction and spread of pathogens. Import permits apply to all importations from specified and certified species and sources by a permittee until January 31 of the year succeeding the year of issuance, when the permit expires. However, a separate permit is required for importations by a permittee for species or from sources unspecified in the permittee's other permit or permits.
History: En. Sec. 1, Ch. 10, L. 1969; amd. Sec. 1, Ch. 37, L. 1974; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1701; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 1, Ch. 376, L. 1989; amd. Sec. 2850, Ch. 56, L. 2009; amd. Sec. 102, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-222. When certification unnecessary

87-3-222. When certification unnecessary.
(1) Nothing in 87-3-221 through 87-3-224 or 87-6-219(1)(b) may restrict the importation and transportation of dead salmonid fish or eggs when the fish or eggs have been processed or prepared in a manner that kills those fish pathogens specified by the department as posing a threat to fisheries.
(2) Dead salmonid fish or eggs transported into Montana for processing or caught wild are exempt from the requirement for certification. However, it is unlawful to discard, place, or allow uncertified salmonid fish, parts, or eggs that have been transported into Montana to enter into surface waters other than sewage or disposal systems.
History: En. Sec. 2, Ch. 10, L. 1969; amd. Sec. 2, Ch. 37, L. 1974; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1702; amd. Sec. 3, Ch. 376, L. 1989; amd. Sec. 103, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-223. Authorization for rules and personnel

87-3-223. Authorization for rules and personnel.
The department may promulgate such rules and regulations and may employ such personnel for testing and inspection as are necessary to carry out the provisions of 87-3-221 through 87-3-224.
History: En. Sec. 4, Ch. 10. L. 1969; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1704.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-224. Enforcement

87-3-224. Enforcement.
The cargo and vehicle involved in a violation of 87-6-219(1)(b) and 87-3-210 or 87-3-221 through 87-3-223 may, at the option of the department, either be denied the right to proceed further within the state of Montana or be quarantined until inspected by a designated biologist from the department. The department shall inform the department of transportation of the provisions regarding importation of salmonid and nonsalmonid fish and eggs so that the department of transportation may enforce the provisions at ports of entry and checking stations under 60-2-303.
History: En. Sec. 5, Ch. 10, L. 1969; amd. Sec. 3, Ch. 37, L. 1974; amd. Sec. 52, Ch. 9, L. 1977; R.C.M. 1947, 26-1705; amd. Sec. 5, Ch. 376, L. 1989; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 104, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-225. Inspection, quarantine, and disinfection of fish hatcheries and culture facilities

87-3-225. Inspection, quarantine, and disinfection of fish hatcheries and culture facilities.
(1) The department may conduct inspections for the presence of fish pathogens at any fish hatchery or culture facility. Inspections may be conducted at the request of the hatchery or facility or by order of the department. The expense of inspection must be paid by the hatchery or facility requesting the inspection or by the department when the inspection is ordered by the department.
(2) When a fish hatchery or culture facility is found to be contaminated or to contain fish or eggs infected with specified fish pathogens, the department may order appropriate action, including quarantine, destruction of infected fish or eggs, or disinfection of all or part of the hatchery or facility. An order for destruction of infected fish or eggs may not be issued unless the infection is confirmed by two laboratories. The owner of the hatchery or facility is liable for all costs and expenses associated with the cleanup and the disposition of infected fish or eggs. When destruction of eggs is ordered at a private facility and the department has surplus eggs available, the department may replace the destroyed eggs without charge to the private facility.
History: En. Sec. 6, Ch. 376, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-226. Duty to report fish pathogens

87-3-226. Duty to report fish pathogens.
A person, including the owner or custodian of a fish hatchery or culture facility, who has reason to suspect the presence of fish pathogens specified by the department as posing a threat to existing fisheries shall immediately give notice to the department.
History: En. Sec. 7, Ch. 376, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-227. Civil liability

87-3-227. Civil liability.
A person, firm, or corporation that violates any provision of this part pertaining to fish disease or rules or orders of the department is liable for damages caused by the violation. The damages may be recovered by the person, firm, or corporation damaged or by the department on behalf of the public in a civil action in a court of competent jurisdiction. All money collected by the department under this section must be deposited in the state special revenue fund as provided in 87-1-601(1).
History: En. Sec. 8, Ch. 376, L. 1989.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-235. Fort Peck multispecies fish hatchery established

87-3-235. Fort Peck multispecies fish hatchery established.
(1) There is a multispecies fish hatchery near Fort Peck dam. The purpose of the hatchery is to provide healthy warm water game fish to improve the warm water fishing opportunities in Montana with minimal impact on cold water fish populations. Administration of the hatchery must be by the department, consistent with the department's authority provided for in 87-3-201.
(2) The multispecies hatchery is intended to use 96 acres of rearing ponds to produce warm water species. The hatchery is to employ land available through long-term lease from the U.S. army corps of engineers. Electric power for the hatchery may be purchased from Fort Peck dam at the lowest available rate.
(3) Propagation of warm water species, including but not limited to largemouth bass (Micropterus salmoides), smallmouth bass (Micropterus dolomieui), walleye (Sander vitreus), sauger (Sander canadensis), black crappie (Pomoxis nigromaculatus), white crappie (Pomoxis annularis), channel catfish (Ictalurus punctatus), yellow perch (Perca flavescens), northern pike (Esox lucius), pallid sturgeon (Scaphirhynchus albus), paddlefish (Polyodon spathula), tiger muskellunge, other warm water species classified as species of special concern, threatened, or endangered, and bait fish, including cisco (Coregonus artedii), must be given priority over the propagation of any cold water species at the hatchery. To the greatest extent possible, the department shall maximize the production of warm water species at the hatchery. The propagation of cold water species may not displace or reduce the propagation of warm water species at the hatchery.
(4) Costs for hatchery operation, maintenance, and personnel are to be funded with revenue in the general license account or any federal funding available to the department.
History: En. Sec. 1, Ch. 559, L. 1999; amd. Sec. 1, Ch. 245, L. 2005; amd. Secs. 1, 2, Ch. 431, L. 2009; amd. Sec. 1, Ch. 111, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-236. Repealed

87-3-236. Repealed.
Secs. 3, 4(2), Ch. 431, L. 2009.
History: En. Sec. 2, Ch. 559, L. 1999; amd. Sec. 6, Ch. 228, L. 2003; amd. Sec. 2, Ch. 245, L. 2005; amd. Sec. 1, Ch. 410, L. 2007; amd. Sec. 44, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 2. Fish › 87-3-237. Warm water fishery enhancement account -- source of funding -- use of account

87-3-237. Warm water fishery enhancement account -- source of funding -- use of account.
(1) There is an account to the credit of the department in the state special revenue fund established by 17-2-102 to be known as the warm water fishery enhancement account.
(2) There must be deposited in the account:
(a) a one-time transfer of money from the department in the amount of $1,000 to start the fund;
(b) proceeds from voluntary contributions.
(3) Money in the account may be used only to fund the enhancement of warm water fisheries and habitats in Montana.
(4) The department shall adopt a process that allows individuals to donate money to the warm water fishery enhancement account by means of a voluntary contribution. Each individual must be provided an opportunity to contribute to the account at the time the individual purchases a fishing license.
History: En. Sec. 1, Ch. 343, L. 2005.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-301. Repealed

87-3-301. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 14, Ch. 238, L. 1921; re-en. Sec. 3694, R.C.M. 1921; amd. Sec. 5, Ch. 77, L. 1923; amd. Sec. 15, Ch. 192, L. 1925; amd. Sec. 12, Ch. 59, L. 1927; amd. Sec. 1, Ch. 162, L. 1931; amd. Sec. 1, Ch. 159, L. 1941; amd. Sec. 5, Ch. 224, L. 1947; amd. Sec. 1, Ch. 157, L. 1949; amd. Sec. 1, Ch. 126, L. 1951; amd. Sec. 1, Ch. 223, L. 1953; amd. Sec. 1, Ch. 193, L. 1955; amd. Sec. 1, Ch. 53, L. 1963; amd. Sec. 1, Ch. 34, L. 1967; amd. Sec. 1, Ch. 90, L. 1969; amd. Sec. 1, Ch. 201, L. 1969; amd. Sec. 1, Ch. 177, L. 1971; amd. Sec. 1, Ch. 124, L. 1973; amd. Sec. 1, Ch. 305, L. 1973; amd. Sec. 1, Ch. 108, L. 1975; amd. Sec. 1, Ch. 152, L. 1975; R.C.M. 1947, 26-301(4); amd. Sec. 2, Ch. 517, L. 1987; amd. Sec. 31, Ch. 417, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-302. Repealed

87-3-302. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: (1) thru (4)En. Sec. 1, Ch. 74, L. 1937; amd. Sec. 1, Ch. 12, L. 1961; amd. Sec. 1, Ch. 305, L. 1971; amd. Sec. 1, Ch. 20, L. 1974; amd. Sec. 10, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; Sec. 26-302, R.C.M. 1947; (5)En. Sec. 2, Ch. 74, L. 1937; amd. Sec. 2, Ch. 20, L. 1974; Sec. 26-303, R.C.M. 1947; R.C.M. 1947, 26-302, 26-303.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-303. Policy toward nonresident big game hunters

87-3-303. Policy toward nonresident big game hunters.
It is the policy of this state to protect and preserve game animals primarily for the citizens of this state while welcoming nonresidents licensed to hunt in Montana to enjoy the state's public wildlife resources and acknowledging nonresidents' financial contribution to Montana's wildlife management and tourism industry.
History: En. Sec. 1, Ch. 229, L. 1965; R.C.M. 1947, 26-303.1; amd. Sec. 1, Ch. 282, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-304. Repealed

87-3-304. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 3, Ch. 229, L. 1965; R.C.M. 1947, 26-303.3; amd. Sec. 1, Ch. 48, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-305. Repealed

87-3-305. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 2, Ch. 123, L. 1933; re-en. Sec. 3697.1, R.C.M. 1935; amd. Sec. 2, Ch. 465, L. 1977; R.C.M. 1947, 26-315; amd. Sec. 32, Ch. 417, L. 1995; amd. Sec. 4, Ch. 261, L. 2005.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-306. Repealed

87-3-306. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 16a, Ch. 238, L. 1921; amd. Sec. 3698, R.C.M. 1921; amd. Sec. 18, Ch. 192, L. 1925; re-en. Sec. 3698, R.C.M. 1935; amd. Sec. 7, Ch. 224, L. 1947; amd. Sec. 1, Ch. 99, L. 1949; amd. Sec. 33, Ch. 9, L. 1977; R.C.M. 1947, 26-317.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-307. Repealed

87-3-307. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 1, Ch. 133, L. 1961; amd. Sec. 47, Ch. 9, L. 1977; R.C.M. 1947, 26-811; amd. Sec. 1, Ch. 424, L. 2005.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-308. Development of maps identifying land ownership boundaries

87-3-308. Development of maps identifying land ownership boundaries.
In recognition of potential problems associated with identifying property boundaries in the field when seeking permission for hunting, the department shall work cooperatively with all state and federal land management agencies, state and local organizations representing hunters, state and local landowner organizations, and other interested persons to develop accurate land ownership maps that identify land ownership boundaries in the state.
History: En. Sec. 2, Ch. 48, L. 1999.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-310. Transfer of possession of harvested game

87-3-310. Transfer of possession of harvested game.
(1) A person licensed to hunt and authorized to possess a carcass of a game animal that requires mandatory department biological inspection or a wolf that requires mandatory department biological inspection may, after validating the license or tag in accordance with 87-6-411, transfer possession of all or part of that game animal or wolf to any person at any time after leaving the site of the kill, provided a statement of possession has been completed.
(2) A statement of possession must be on a form prescribed by the department and signed by the licensed person and the person or persons receiving possession and must accompany the carcass or portion of carcass presented for inspection.
(3) Upon receipt of game or a part of game, the recipient is authorized and responsible to present the harvested game to the department as required for biological inspection, if applicable, and salvage the edible meat for human consumption, if required by law.
(4) A person may not transfer possession of all or part of a grizzly bear carcass.
History: En. Sec. 1, Ch. 238, L. 2019; amd. Sec. 1, Ch. 316, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 3. Game Animals › 87-3-315. Recovery and possession of horns and skulls from mountain sheep that died of natural causes

87-3-315. Recovery and possession of horns and skulls from mountain sheep that died of natural causes.
(1) Except as provided in subsections (6) and (7), a person may recover and possess the horn or horns and attached skull, or portion thereof, of a mountain sheep that died of natural causes and was not purposefully or accidentally killed, captured, or taken, including due to being struck by a vehicle.
(2) Horns and skulls recovered pursuant to this section must be reported to the department by a method prescribed by the department within 48 hours and presented to the department for inspection and placement of a permanent pin in a horn within 10 days. The fee for the pin is $25.
(3) The insertion of a pin does not certify that an animal died of natural causes but identifies the horn or horns and indicates that the requirements of subsection (2) were met.
(4) The department may require a person who recovered a horn or horns and skull, or portion thereof, to return to the site of recovery to verify they were lawfully recovered.
(5) Skulls and horns recovered under this section may not be sold, bartered, or purchased and may not be transferred to another person without a permit issued by the department.
(6) This section does not allow the recovery or possession of horns and skulls found in state parks.
(7) The department may suspend the recovery of horns and skulls pursuant to this section during a disease-related die-off event within a mountain sheep population.
(8) For the purposes of this section, the term "horn" means the hollow horn sheath of a male mountain sheep, either attached to the skull or separated from the skull.
History: En. Sec. 1, Ch. 244, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 4. Game Birds › 87-3-401. Repealed

87-3-401. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 14, Ch. 238, L. 1921; re-en. Sec. 3694, R.C.M. 1921; amd. Sec. 5, Ch. 77, L. 1923; amd. Sec. 15, Ch. 192, L. 1925; amd. Sec. 12, Ch. 59, L. 1927; amd. Sec. 1, Ch. 162, L. 1931; amd. Sec. 1, Ch. 159, L. 1941; amd. Sec. 5, Ch. 224, L. 1947; amd. Sec. 1, Ch. 157, L. 1949; amd. Sec. 1, Ch. 126, L. 1951; amd. Sec. 1, Ch. 223, L. 1953; amd. Sec. 1, Ch. 193, L. 1955; amd. Sec. 1, Ch. 53, L. 1963; amd. Sec. 1, Ch. 34, L. 1967; amd. Sec. 1, Ch. 90, L. 1969; amd. Sec. 1, Ch. 201, L. 1969; amd. Sec. 1, Ch. 177, L. 1971; amd. Sec. 1, Ch. 124, L. 1973; amd. Sec. 1, Ch. 305, L. 1973; amd. Sec. 1, Ch. 108, L. 1975; amd. Sec. 1, Ch. 152, L. 1975; amd. Sec. 9, Ch. 9, L. 1977; amd. Sec. 1, Ch. 196, L. 1977; amd. Sec. 5, Ch. 235, L. 1977; amd. Sec. 1, Ch. 400, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 1, Ch. 485, L. 1977; R.C.M. 1947, 26-301(part(1)(a)); amd. Sec. 1, Ch. 194, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 4. Game Birds › 87-3-402. Repealed

87-3-402. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 18, Ch. 238, L. 1921; re-en. Sec. 3700, R.C.M. 1921; amd. Sec. 10, Ch. 77, L. 1923; amd. Sec. 20, Ch. 192, L. 1925; amd. Sec. 14, Ch. 59, L. 1927; re-en. Sec. 3700, R.C.M. 1935; amd. Sec. 1, Ch. 134, L. 1951; amd. Sec. 13, Ch. 417, L. 1977; amd. Sec. 3, Ch. 465, L. 1977; R.C.M. 1947, 26-319; amd. Sec. 33, Ch. 417, L. 1995; amd. Sec. 3, Ch. 499, L. 2003.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 4. Game Birds › 87-3-403. Migratory game birds -- closed season and bag limits

87-3-403. Migratory game birds -- closed season and bag limits.
Laws relating to migratory birds are prescribed by the regulations of the United States department of interior and the fish and wildlife service. Open season, bag limit, and other rules and regulations are announced each year by proclamation by the president of the United States. After each proclamation, the department by proper action will adopt, advertise, and enforce any proclaimed regulations as may be applicable to the state of Montana. A person who violates a provision of this section is subject to the provisions of 87-6-410.
History: En. Sec. 20, Ch. 238, L. 1921; re-en. Sec. 3703, R.C.M. 1921; amd. Sec. 13, Ch. 77, L. 1923; amd. Sec. 16, Ch. 59, L. 1927; re-en. Sec. 3703, R.C.M. 1935; amd. Sec. 1, Ch. 162, L. 1941; amd. Sec. 1, Ch. 113, L. 1955; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-320; amd. Sec. 105, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 4. Game Birds › 87-3-404. Repealed

87-3-404. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 2, Ch. 35, L. 1959; R.C.M. 1947, 26-511.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 4. Game Birds › 87-3-405. Repealed

87-3-405. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 3, Ch. 35, L. 1959; amd. Sec. 41, Ch. 9, L. 1977; R.C.M. 1947, 26-512; amd. Sec. 2851, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 5. Fur-Bearing Animals (Repealed) › 87-3-501. Repealed

87-3-501. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 21, Ch. 238, L. 1921; re-en. Sec. 3704, R.C.M. 1921; amd. Sec. 14, Ch. 77, L. 1923; amd. Sec. 22, Ch. 192, L. 1925; amd. Sec. 17, Ch. 59, L. 1927; re-en. Sec. 3704, R.C.M. 1935; amd. Sec. 1, Ch. 95, L. 1943; amd. Sec. 8, Ch. 224, L. 1947; amd. Sec. 1, Ch. 132, L. 1955; amd. Sec. 1, Ch. 69, L. 1961; R.C.M. 1947, 26-321(1st part); amd. Sec. 34, Ch. 417, L. 1995.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 5. Fur-Bearing Animals (Repealed) › 87-3-502. Repealed

87-3-502. Repealed.
Sec. 1, Ch. 275, L. 1983.
History: En. Sec. 21, Ch. 238, L. 1921; re-en. Sec. 3704, R.C.M. 1921; amd. Sec. 14, Ch. 77, L. 1923; amd. Sec. 22, Ch. 192, L. 1925; amd. Sec. 17, Ch. 59, L. 1927; re-en. Sec. 3704, R.C.M. 1935; amd. Sec. 1, Ch. 95, L. 1943; amd. Sec. 8, Ch. 224, L. 1947; amd. Sec. 1, Ch. 132, L. 1955; amd. Sec. 1, Ch. 69, L. 1961; R.C.M. 1947, 26-321(2nd part).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 5. Fur-Bearing Animals (Repealed) › 87-3-503. Repealed

87-3-503. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 21, Ch. 238, L. 1921; re-en. Sec. 3704, R.C.M. 1921; amd. Sec. 14, Ch. 77, L. 1923; amd. Sec. 22, Ch. 192, L. 1925; amd. Sec. 17, Ch. 59, L. 1927; re-en. Sec. 3704, R.C.M. 1935; amd. Sec. 1, Ch. 95, L. 1943; amd. Sec. 8, Ch. 224, L. 1947; amd. Sec. 1, Ch. 132, L. 1955; amd. Sec. 1, Ch. 69, L. 1961; R.C.M. 1947, 26-321(part).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 5. Fur-Bearing Animals (Repealed) › 87-3-504. Repealed

87-3-504. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 21, Ch. 238, L. 1921; re-en. Sec. 3704, R.C.M. 1921; amd. Sec. 14, Ch. 77, L. 1923; amd. Sec. 22, Ch. 192, L. 1925; amd. Sec. 17, Ch. 59, L. 1927; re-en. Sec. 3704, R.C.M. 1935; amd. Sec. 1, Ch. 95, L. 1943; amd. Sec. 8, Ch. 224, L. 1947; amd. Sec. 1, Ch. 132, L. 1955; amd. Sec. 1, Ch. 69, L. 1961; R.C.M. 1947, 26-321(part); amd. Sec. 4, Ch. 275, L. 2001.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 5. Fur-Bearing Animals (Repealed) › 87-3-505. Repealed

87-3-505. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 21, Ch. 238, L. 1921; re-en. Sec. 3704, R.C.M. 1921; amd. Sec. 14, Ch. 77, L. 1923; amd. Sec. 22, Ch. 192, L. 1925; amd. Sec. 17, Ch. 59, L. 1927; re-en. Sec. 3704, R.C.M. 1935; amd. Sec. 1, Ch. 95, L. 1943; amd. Sec. 8, Ch. 224, L. 1947; amd. Sec. 1, Ch. 132, L. 1955; amd. Sec. 1, Ch. 69, L. 1961; R.C.M. 1947, 26-321(part).
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 5. Fur-Bearing Animals (Repealed) › 87-3-506. Repealed

87-3-506. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Secs. 1, 2, 3, Ch. 629, L. 1979; amd. Sec. 2852, Ch. 56, L. 2009; amd. Sec. 3, Ch. 229, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 5. Fur-Bearing Animals (Repealed) › 87-3-507. Repealed

87-3-507. Repealed.
Sec. 120, Ch. 258, L. 2011.
History: En. Sec. 1, Ch. 495, L. 1983; amd. Sec. 2853, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 6. Bird Hunting Dogs › 87-3-601. Definitions

87-3-601. Definitions.
As used in this part, the following definitions apply:
(1) "Bird hunting dog" means a dog trained or being trained to point, flush, or retrieve game birds.
(2) "Field trial" means an organized event affiliated with a national organization to examine, evaluate, or test the ability of bird hunting dogs to point, flush, or retrieve game birds.
(3) "Game bird" means a bird defined as an upland game bird or migratory game bird in 87-2-101.
History: En. Sec. 1, Ch. 103, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 6. Bird Hunting Dogs › 87-3-602. Training bird hunting dogs -- Class D-5 license

87-3-602. Training bird hunting dogs -- Class D-5 license.
(1) (a) Training of bird hunting dogs using game birds not raised in captivity is allowed with the purchase of a Class D-5 license and pursuant to the requirements of this part.
(b) A Class D-5 license is required for training bird dogs using game birds not raised in captivity. A person who is at least 18 years of age or older or who will turn 18 years of age during the season for which the license is issued may purchase a license for a fee of $5 for residents and $10 for nonresidents. The department may issue a free resident or nonresident Class D-5 license to a youth who is 12 to 18 years of age.
(2) A Class D-5 license is not required for a person training bird hunting dogs with a method that kills game birds raised in captivity. A person shall tag or mark the captive game bird prior to release. Captive game birds must be obtained from a game bird farm licensed under 87-4-903 or from a source of game birds approved by the department.
(3) A person who takes an untagged or unmarked game bird while training a bird hunting dog outside of the established season for that species or who is not licensed to take that species shall immediately report the taking to a representative of the department.
History: En. Sec. 2, Ch. 103, L. 2019; amd. Sec. 1, Ch. 668, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 6. Bird Hunting Dogs › 87-3-603. Field trials -- requirements -- reporting taking of untagged game birds

87-3-603. Field trials -- requirements -- reporting taking of untagged game birds.
(1) A person or organization shall apply for a permit from the department using a form provided by the department prior to conducting a field trial on public land.
(2) A signed application must be submitted to the department at least 20 days prior to the date of the field trial.
(3) The application must state the name and address of the national affiliate, the location of the field trial, the date or dates of the field trial, whether live game birds are to be used, and any other information required by the department to determine the advisability of granting permission for the field trial.
(4) The department may deny an application that it determines is not in the best interests of the protection, preservation, propagation, and conservation of game birds.
(5) The department may condition a permit for a field trial as necessary for the protection, preservation, propagation, and conservation of game birds.
(6) Within 10 days of receiving the application, the department shall notify the applicant if the permit is granted, granted with conditions, or denied.
(7) Game birds used in a field trial must be tagged or marked before being planted or released. Game birds must be obtained from a game bird farm licensed under 87-4-903 or from a source of game birds approved by the department.
(8) A person who takes an untagged game bird during a field trial outside of the established season for that species or who is not licensed to take that species shall immediately report the taking to a representative of the department.
History: En. Sec. 3, Ch. 103, L. 2019.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 3. Restrictions and Regulations › Part 6. Bird Hunting Dogs › 87-3-604. Rulemaking authority

87-3-604. Rulemaking authority.
The commission shall adopt rules to implement the provisions of this part, including limiting the number of Class D-5 licenses.
History: En. Sec. 4, Ch. 103, L. 2019; amd. Sec. 2, Ch. 668, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 1. Outfitters and Guides (Renumbered and Repealed) › 87-4-105. Repealed

87-4-105. Repealed.
Sec. 12, Ch. 528, L. 1987.
History: En. Sec. 5, Ch. 221, L. 1971; amd. Sec. 39, Ch. 511, L. 1973; amd. Sec. 18, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-912; amd. Sec. 6, Ch. 545, L. 1981.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 1. Outfitters and Guides (Renumbered and Repealed) › 87-4-106. Repealed

87-4-106. Repealed.
Sec. 12, Ch. 528, L. 1987.
History: En. Sec. 6, Ch. 221, L. 1971; amd. Sec. 19, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-913; amd. Sec. 7, Ch. 545, L. 1981.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 1. Outfitters and Guides (Renumbered and Repealed) › 87-4-126. Repealed

87-4-126. Repealed.
Sec. 11, Ch. 239, L. 1983.
History: En. Sec. 8, Ch. 221, L. 1971; amd. Sec. 13, Ch. 94, L. 1973; amd. Sec. 3, Ch. 541, L. 1975; amd. Sec. 21, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-915(6), (7); amd. Sec. 13, Ch. 545, L. 1981.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 1. Outfitters and Guides (Renumbered and Repealed) › 87-4-144. Repealed

87-4-144. Repealed.
Sec. 12, Ch. 528, L. 1987.
History: En. Sec. 14, Ch. 221, L. 1971; amd. Sec. 40, Ch. 511, L. 1973; amd. Sec. 24, Ch. 9, L. 1977; R.C.M. 1947, 26-921; amd. Sec. 21, Ch. 545, L. 1981.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 4. Commercial Activities › Part 2. Taxidermists › 87-4-201. Regulation of taxidermists

87-4-201. Regulation of taxidermists.
(1) As used in this section, "taxidermist" means a person who conducts a business for the purpose of mounting, preserving, or preparing all or part of the dead bodies of any wildlife.
(2) Before conducting the business of a taxidermist, a taxidermist shall obtain from the department a taxidermist's license and pay an annual license fee of $50.
(3) A taxidermist shall keep a written record of all the articles of wildlife in the taxidermist's possession or control, including the following information:
(a) the kind and number of each article of wildlife;
(b) the name and residence of the owner of the article of wildlife; and
(c) all the articles of wildlife shipped and to whom and where shipped.
(4) The taxidermist shall keep the written record required under subsection (3) for as long as the articles of wildlife remain in the possession of the taxidermist or at least 5 years, whichever is longer. These records must be open to inspection by a warden at any reasonable time.
(5) A person who violates this section is subject to the penalties provided in 87-6-703.
History: En. Sec. 72, Ch. 173, L. 1917; re-en. Sec. 3751, R.C.M. 1921; amd. Sec. 24, Ch. 77, L. 1923; re-en. Sec. 3751, R.C.M. 1935; amd. Sec. 26, Ch. 224, L. 1947; amd. Sec. 1, Ch. 12, L. 1959; amd. Sec. 1, Ch. 10, L. 1974; amd. Sec. 48, Ch. 9, L. 1977; amd. Sec. 1, Ch. 129, L. 1977; R.C.M. 1947, 26-907; amd. Sec. 1, Ch. 129, L. 2003; amd. Sec. 106, Ch. 258, L. 2011.