reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-412. Turkey tagging offenses

87-6-412. Turkey tagging offenses.
(1) A person who kills, captures, or possesses a wild turkey by authority of any turkey tag or permit:
(a) shall validate the tag either electronically in accordance with rules adopted pursuant to 87-2-119 or by cutting out from the license or tag the date the turkey was killed prior to the person leaving or the turkey being removed from the site of the kill;
(b) shall keep the license or tag accompanying the turkey while the turkey is in the person's possession unless the license or tag was electronically validated; and
(c) may not validate pursuant to subsection (1)(a) a turkey license or tag that is restricted to a hunting district other than the hunting district where the turkey was killed.
(2) A person who is convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 41, Ch. 258, L. 2011; amd. Sec. 4, Ch. 149, L. 2015; amd. Sec. 3, Ch. 75, L. 2017; amd. Sec. 21, Ch. 552, L. 2021; amd. Sec. 4, Ch. 316, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-413. Hunting or killing over limit

87-6-413. Hunting or killing over limit.
(1) A person may not attempt to kill, take, shoot, or capture or kill, take, hunt, shoot, or capture more than one game animal of any one species in any 1 license year unless the killing of more than one game animal of that species has been authorized by regulations of the department.
(2) If a person is convicted or forfeits bond or bail after being charged with hunting or killing over the limit of:
(a) mountain sheep, moose, wild buffalo, caribou, mountain goat, black bear, or grizzly bear, the person shall be fined not less than $500 or more than $2,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 30 months from the date of conviction or forfeiture unless the court imposes a longer period.
(b) deer, antelope, elk, or mountain lion, the person shall be fined not less than $300 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period.
(c) fur-bearing animal, the person shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.
(3) A person convicted of unlawful taking of more than double the legal bag limit as described in this section may be subject to the additional penalties provided in 87-6-901 and 87-6-902.
(4) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 through 87-6-907.
History: En. Sec. 42, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-414. Failure to wear hunter orange while big game hunting

87-6-414. Failure to wear hunter orange while big game hunting.
(1) Except as provided in subsection (3), a person may not hunt any big game animals in this state or accompany any hunter as an outfitter or guide under any of the provisions of the laws of this state without wearing as exterior garments above the waist a total of not less than 400 square inches of hunter orange material visible at all times while hunting.
(2) As used in this section, "hunter orange" means a daylight fluorescent orange color.
(3) This section does not apply to a person hunting:
(a) with a bow and arrow during the special archery season; or
(b) wolves outside the general deer and elk season as authorized by commission rules.
(4) The department shall make rules to implement this section.
(5) A person convicted of a violation of this section shall be punished by a fine of not less than $10 or more than $20.
History: En. Sec. 43, Ch. 258, L. 2011; amd. Sec. 6, Ch. 13, L. 2013; amd. Sec. 6, Ch. 297, L. 2013.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-415. Failure to obtain landowner's permission for hunting

87-6-415. Failure to obtain landowner's permission for hunting.
(1) A person may not hunt or attempt to hunt furbearers, game animals, migratory game birds, nongame wildlife, predatory animals, upland game birds, or wolves on private property without first obtaining permission of the landowner, the lessee, or their agents.
(2) A person who violates this section shall, upon conviction for a first offense, be fined not less than $135 or more than $500.
(3) A person convicted of a second or subsequent offense of hunting on private property without obtaining permission of the landowner within 5 years shall be fined not less than $500 or more than $1,000.
(4) In addition, the person, upon conviction under subsection (3) or forfeiture of bond or bail:
(a) shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for not less than 12 months or more than 3 years from the date of conviction or forfeiture of bond or bail; and
(b) may be ordered to make restitution for property damage resulting from the violation in an amount and manner to be set by the court. The court shall determine the manner and amount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.
(5) For the purposes of this section, the term "hunt" has the same meaning as provided in 87-6-101 and includes entering private land to:
(a) retrieve wildlife; or
(b) access public land to hunt.
History: En. Sec. 44, Ch. 258, L. 2011; amd. Sec. 1, Ch. 338, L. 2013; amd. Sec. 1, Ch. 92, L. 2015; amd. Sec. 1, Ch. 92, L. 2021; amd. Sec. 18, Ch. 166, L. 2023.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 4. Hunting Offenses › 87-6-420. Prohibition on carcass imports

87-6-420. Prohibition on carcass imports.
(1) Except as provided in subsection (2), it is unlawful to transport into this state the whole carcass or certain carcass parts of white-tailed deer, mule deer, moose, or elk from states or provinces with documented occurrences of chronic wasting disease, as determined by the fish and wildlife commission, in wild populations or on private game farms.
(2) The following carcass parts may be transported into this state from the places described in subsection (1):
(a) meat that is cut and wrapped or meat that is boned out;
(b) quarters or other portions of meat with no part of the spinal column or head attached;
(c) hides with no heads attached;
(d) skull plates or antlers with no meat or tissue attached;
(e) skulls that have been boiled and cleaned to remove flesh and tissue;
(f) upper canine teeth; and
(g) head, partial body, or whole body mounts prepared by a taxidermist.
(3) (a) Except as provided in subsection (3)(b), a person convicted of a violation of this section shall be fined up to $500 or, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by the state and the privilege to hunt, fish, or trap in this state or to use state lands as defined in 77-1-101 for recreational purposes for a period of time set by the court.
(b) Through January 31, 2019, a person who violates this section for the first time must be issued a warning and may not be fined. A person who commits a subsequent violation prior to January 31, 2019, is subject to the penalties provided in subsection (3)(a).
History: En. Sec. 1, Ch. 293, L. 2017.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 6. Trapping Offenses › 87-6-601. Trapping and snaring offenses

87-6-601. Trapping and snaring offenses.
(1) A person may not use a trap or snare for the purpose of trapping or snaring a fur-bearing animal, a predatory animal, or a nongame species unless:
(a) the trap or snare is tagged with a metal tag bearing an individual identifying number issued by the department or the owner's name and address unless the person is trapping or snaring on the person's land or an irrigation ditch right-of-way contiguous to the person's land; and
(b) the trap or snare is set in a manner and at a time so that it will not unduly endanger livestock. A person who injures livestock in a trap or snare is liable for damages to the owner of the livestock.
(2) A person may not use a trap or snare for the purpose of trapping or snaring a fur-bearing animal, a predatory animal, or a nongame species on private property without obtaining permission from the landowner, the lessee, or their agents.
(3) A person may not at any time willfully destroy, open or leave open, or partially destroy a house of any muskrat or beaver, except that trapping in the house of muskrats is not prohibited when authorized by the commission.
(4) (a) A person may not destroy, disturb, or remove any trap or snare belonging to another person or remove wildlife from a trap or snare belonging to another person without permission of the owner of the trap or snare, except that from March 1 to October 1 of each year a person may remove any snare from land owned or leased by the person if the snare would endanger livestock.
(b) This subsection (4) does not apply to a law enforcement officer acting within the scope of the officer's duty.
(5) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by the state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(6) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 and 87-6-906.
History: En. Sec. 46, Ch. 258, L. 2011; amd. Sec. 1, Ch. 96, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 6. Trapping Offenses › 87-6-602. Trapping during closed season

87-6-602. Trapping during closed season.
(1) A person may not trap or hunt or attempt to trap or hunt any fur-bearing animal until the commission provides an open season on any fur-bearing animal. The furs and hides of fur-bearing animals legally taken during the open season may be possessed, bought, and sold at any time except as provided by law.
(2) When it is shown that muskrats or beaver are causing severe injury to or are a menace to the structures, canal banks, or other works of an irrigation project or district or to a stock water pond, any employee or resident landowner on the project or district may kill or trap or cause to be killed or trapped any muskrat or beaver upon or in menacing proximity to the structures, canal banks, or other works of the project or district or the stock water pond during the closed season on muskrats or beaver after having secured from the director a permit to do so, except that from June 1 to August 31 of each year, a permit is not required.
(3) A person convicted of a violation of this section shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.
(4) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 and 87-6-906.
History: En. Sec. 47, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 6. Trapping Offenses › 87-6-603. Waste of fur-bearing animal

87-6-603. Waste of fur-bearing animal.
(1) A person may not waste a fur-bearing animal by purposely or knowingly:
(a) failing to pick up traps or snares at the end of the trapping season so that the pelt of a fur-bearing animal is wasted;
(b) attending traps or snares so that fur-bearing animals are wasted; or
(c) wasting the pelt of any fur-bearing animal.
(2) The department shall enforce the provisions of this section.
(3) The following are exempt from this section:
(a) federal, state, and county predator control programs; and
(b) pelts of muskrat and beaver killed pursuant to 87-6-602(2).
(4) As used in this section, "pelt" means the pelt, skin, or fur of a fur-bearing animal.
(5) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, a person, upon conviction or forfeiture of bond or bail, shall:
(a) forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period; and
(b) pay restitution pursuant to 87-6-905 and 87-6-906.
History: En. Sec. 48, Ch. 258, L. 2011; amd. Sec. 128, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-701. Failure to report or tattoo

87-6-701. Failure to report or tattoo.
(1) Any bear, wolf, tiger, mountain lion, or coyote that is captured alive to be released later or that is held in captivity for any purpose must be reported to the department within 3 days of the capture or commencement of captivity.
(2) Each animal reported as required in subsection (1) must be permanently tattooed or otherwise permanently identified in a manner that will provide positive individual identification of the animal. No tattoo is required if the animal is subject to a permanent, individual identification process by another state or federal agency.
(3) Any person holding a bear, wolf, tiger, mountain lion, or coyote in captivity shall immediately report to the department any death, escape, release, transfer of custody, or other disposition of the animal.
(4) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 49, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-703. Taxidermist offenses

87-6-703. Taxidermist offenses.
(1) A person convicted of a violation of 87-4-201 related to the licensing and recordkeeping of taxidermists shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(2) In addition to the penalties in subsection (1), the taxidermist's license of the person convicted may be revoked by the court.
History: En. Sec. 51, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-704. Fur dealer offenses

87-6-704. Fur dealer offenses.
A person convicted of a violation of 87-4-302 or 87-4-303 related to the licensing and recordkeeping of a fur dealer shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by the state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 52, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-705. Alternative livestock ranch offenses

87-6-705. Alternative livestock ranch offenses.
(1) A person may not purposely or knowingly violate any provision of or rule adopted pursuant to Title 87, chapter 4, part 4, pertaining to the licensure or operation of an alternative livestock ranch.
(2) In addition to license revocation or other penalties allowed by 87-4-427, a person who purposely or knowingly violates this section shall be fined not more than $1,000 or be imprisoned in the county jail for not more than 1 year, or both.
(3) Any violation of 87-6-206 regarding the sale of an animal in connection with an alternative livestock ranch is subject to prosecution and penalties under that section.
History: En. Sec. 53, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-706. Shooting preserve offenses

87-6-706. Shooting preserve offenses.
(1) A person may not:
(a) hunt on a shooting preserve without obtaining a license pursuant to 87-4-504; or
(b) harvest game on a shooting preserve without tagging the game pursuant to 87-4-525.
(2) Each shooting preserve operator shall keep records in accordance with 87-4-522.
(3) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 54, Ch. 258, L. 2011; amd. Sec. 22, Ch. 552, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-707. Unlawful sale of fish or spawn

87-6-707. Unlawful sale of fish or spawn.
(1) Except as provided in 87-4-601 and subsections (2) and (3) of this section, a person may not, for speculative purposes, for market, or for sale, catch game fish or remove or cause to be removed the eggs or spawn of any game fish in any way. A person may not sell or offer for sale game fish or the eggs or spawn from game fish.
(2) The restrictions of subsection (1) do not apply to the:
(a) catching of fish or the collecting of eggs or spawn in a private fish pond licensed under 87-4-603 by the owner of the pond;
(b) taking of fish by state authorities for the purpose of obtaining eggs for propagation in state fish hatcheries or by any person who receives a permit from the department to take eggs for use in a private fish pond licensed under 87-4-603;
(c) catching of whitefish by the holder of a valid fishing license fishing with hook and line or a rod in specified waters designated by rules of the commission;
(d) taking of whitefish by nets or traps in the Kootenai River and in its tributary streams within 1 mile of the Kootenai River under rules of the commission; or
(e) sale by the department of fish eggs produced from brood stock owned by the department but determined to be in excess of the department's needs.
(3) A person may possess and sell legally taken nongame fish as provided in 87-4-609 and rules adopted by the department pursuant to 87-4-609.
(4) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 55, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-713. Unlawful taking of fish or aquatic organism

87-6-713. Unlawful taking of fish or aquatic organism.
(1) A person may not take fish or aquatic organisms for commercial purposes without obtaining a permit from the department pursuant to 87-4-609.
(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(3) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 and 87-6-906.
History: En. Sec. 56, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-714. Unlawful taking of crayfish

87-6-714. Unlawful taking of crayfish.
(1) A person may not take crayfish from the waters of the state, except from private fish ponds regulated under 87-4-603 or as provided in subsection (2) of this section, for sale or commercial distribution.
(2) A person may take crayfish from the waters of the state for sale or commercial distribution as fishing bait under rules adopted by the department under 87-4-609.
(3) A person convicted of a violation of this section may be fined not less than $50 or more than $500 or may be imprisoned in the county jail for not more than 6 months, or both.
History: En. Sec. 57, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-715. Menagerie, sanctuary, and zoo offenses

87-6-715. Menagerie, sanctuary, and zoo offenses.
(1) A person may not:
(a) operate a roadside menagerie or wild animal menagerie without a permit obtained pursuant to 87-4-803;
(b) subscribe to any false statement in an application for a permit; or
(c) obtain wild animals for a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo by capture from the wild or by purchase except in accordance with 87-4-804.
(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 58, Ch. 258, L. 2011; amd. Sec. 8, Ch. 211, L. 2021.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-716. Owning, controlling, or propagating game birds without license

87-6-716. Owning, controlling, or propagating game birds without license.
A person who owns, controls, or propagates game birds in violation of Title 87, chapter 4, part 9, shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 59, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-717. Owning, controlling, or propagating furbearers without license

87-6-717. Owning, controlling, or propagating furbearers without license.
A person who owns, controls, or propagates furbearers in violation of 87-4-1002 shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
History: En. Sec. 60, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-718. Unlawful acquisition of furbearer

87-6-718. Unlawful acquisition of furbearer.
(1) A person may not capture, take, or otherwise acquire a furbearer from the wild for use on a fur farm.
(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(3) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 and 87-6-906.
History: En. Sec. 61, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 8. Wild Birds, Raptors, and Falcons › 87-6-801. Wild bird, raptor, and falcon offenses

87-6-801. Wild bird, raptor, and falcon offenses.
(1) A person who violates any provision of Title 87, chapter 5, part 2, pertaining to the regulation of wild birds, raptors, and falconry, shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(2) A violation of this section may also result in an order to pay restitution pursuant to 87-6-905 and 87-6-906.
History: En. Sec. 62, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-901. Second offense penalties

87-6-901. Second offense penalties.
(1) A person convicted of a second offense of any of the following offenses within 10 years of the first conviction or who is convicted of two or more of the following offenses at different times within a 10-year period is subject to the penalties provided in subsection (2):
(a) hunting during a closed season;
(b) taking an animal or hunting while using projected artificial light;
(c) hunting without a license;
(d) unlawful taking of more than double the legal bag limit;
(e) unlawful possession of more than double the legal bag limit; and
(f) waste of game by abandonment in the field.
(2) A person convicted of the offenses in subsection (1) in the time periods specified in subsection (1) shall be fined not less than $2,000 or more than $5,000 or be imprisoned in the county jail for not more than 1 year, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 60 months from the date of conviction or forfeiture unless the court imposes a longer period.
History: En. Sec. 63, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-902. Third offense penalties

87-6-902. Third offense penalties.
(1) A person convicted of a third offense of any of the following offenses within 10 years of the first conviction is subject to the penalties provided in subsection (2):
(a) hunting during a closed season;
(b) taking an animal or hunting while using projected artificial light;
(c) hunting without a license; and
(d) unlawful taking of more than double the legal bag limit.
(2) A person convicted of the offenses in subsection (1) in the time period specified in subsection (1) shall be fined not less than $5,000 or more than $10,000 or be imprisoned in the county jail for not more than 1 year, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for life.
History: En. Sec. 64, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-903. Additional penalty for use of artificial light or scope

87-6-903. Additional penalty for use of artificial light or scope.
(1) If a person is convicted of illegally taking an animal described in 87-6-906 or 87-6-907 through the use of projected artificial light, nightscopes, or infrared scopes, the person is prohibited from fishing or hunting in the state for an additional 5 years following the ending date of the original prohibition period. In addition, the person, upon conviction or forfeiture of bond or bail, shall successfully complete, at the person's own expense, a department-sponsored hunter education course.
(2) A person convicted of taking an animal while using projected artificial light as described in this section may be subject to the additional penalties provided in 87-6-901 and 87-6-902.
History: En. Sec. 65, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-904. Different penalty for unlawful attempt to hunt or trap

87-6-904. Different penalty for unlawful attempt to hunt or trap.
A person convicted of unlawfully attempting to hunt or trap a game animal shall be fined not less than $200 or more than $600 or be imprisoned in the county detention center for not more than 60 days, or both.
History: En. Sec. 66, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-905. Finding required for restitution

87-6-905. Finding required for restitution.
Before restitution may be ordered pursuant to 87-6-906 or 87-6-907, the finder of fact at trial or the court upon entry of a guilty or nolo contendere plea shall find that the illegal killing or possession was done knowingly or purposely as defined in 45-2-101. This finding is not required for state reimbursement under 87-6-906 when bond or bail is forfeited.
History: En. Sec. 67, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-906. Restitution for illegal killing, possession, or waste of certain wildlife

87-6-906. Restitution for illegal killing, possession, or waste of certain wildlife.
(1) Except as provided in 87-6-907 and in addition to other penalties provided by law, a person convicted or forfeiting bond or bail on a charge of the illegal taking, killing, possession, or waste of a wild bird, mammal, or fish listed in this section shall reimburse the state for each bird, mammal, or fish according to the following schedule:
(a) mountain sheep and endangered species, $2,000;
(b) elk, caribou, bald eagle, black bear, wolf, and moose, $1,000;
(c) mountain lion, lynx, wolverine, buffalo, golden eagle, osprey, falcon, antlered deer as defined by commission regulation, bull trout longer than 18 inches, and adult buck antelope as defined by commission regulation, $500;
(d) deer not included in subsection (1)(c), antelope not included in subsection (1)(c), fisher, raptor not included in subsection (1)(c), swan, bobcat, white sturgeon, river-dwelling grayling, and paddlefish, $300;
(e) fur-bearing animals that are not listed in subsection (1)(c) or (1)(d), $100;
(f) game bird (except swan), $25;
(g) game fish, $10.
(2) When a court enters an order declaring bond or bail to be forfeited, the court may also order that some or all of the forfeited bond or bail be paid as restitution to the state according to the schedule in subsection (1). A hearing to determine the amount of restitution, as required under 46-9-512, is not required for an order of restitution under this section.
History: En. Sec. 68, Ch. 258, L. 2011; amd. Sec. 129, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-907. Restitution for illegal killing, possession, or waste of trophy wildlife

87-6-907. Restitution for illegal killing, possession, or waste of trophy wildlife.
In addition to other penalties provided by law, a person convicted or forfeiting bond or bail on a charge of purposely or knowingly illegally killing, taking, possessing, or wasting a trophy animal listed in this section shall reimburse the state for each trophy animal according to the following schedule:
(1) mountain sheep with at least one horn equal to or greater than a three-fourths curl as defined by commission regulation, $30,000;
(2) elk with at least six points on one antler, as defined by commission regulation, or any grizzly bear, $8,000;
(3) moose having antlers with a total spread of at least 30 inches, as defined by commission regulation, or any mountain goat, $6,000;
(4) antlered deer with at least four points on one antler as defined by commission regulation, $8,000;
(5) antelope with at least one horn greater than 14 inches in length as defined by commission regulation, $2,000.
History: En. Sec. 69, Ch. 258, L. 2011; amd. Sec. 130, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-908. Payment -- penalty for nonpayment of restitution

87-6-908. Payment -- penalty for nonpayment of restitution.
(1) In each case of conviction, the court before which the conviction is obtained shall order payment of the sum stated in 87-6-906 or 87-6-907.
(2) Failure to make payment in the time and manner prescribed by the court constitutes civil contempt of court and is punishable as provided in Title 3, chapter 1, part 5.
History: En. Sec. 70, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-914. Disposition of proceeds from restitution

87-6-914. Disposition of proceeds from restitution.
All money collected by a court pursuant to 87-6-905 through 87-6-908 must be remitted to the department of revenue for deposit in the state special revenue fund account to the credit of the department for hunter education purposes or for enforcement.
History: En. Sec. 71, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-915. Remedial hunter education program -- sentencing

87-6-915. Remedial hunter education program -- sentencing.
(1) The court may sentence a person who is convicted of a hunting violation that results in a mandatory forfeiture of hunting privileges or who is convicted of a hunting violation to complete a remedial hunter education course.
(2) A person who is sentenced by the court to complete a remedial hunter education course shall successfully complete the course before any license privileges may be restored.
(3) The department may not issue a hunting, fishing, or trapping license to a person who is convicted of a hunting violation that results in a mandatory forfeiture of hunting privileges until the person has successfully completed the remedial hunter education course.
(4) If the person who is sentenced by the court to complete the remedial hunter education course is not a resident of the state of Montana, the sentencing court shall require the person to complete a similar remedial hunter education course in the person's state of residence. If a similar course does not exist in the person's state of residence, the person shall complete Montana's course before any Montana hunting, fishing, or trapping license may be issued.
(5) This section does not allow the issuance of any licenses to a person whose hunting or fishing privileges have been revoked for life.
History: En. Sec. 72, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-916. Costs of imprisonment

87-6-916. Costs of imprisonment.
Subject to sentencing restrictions, the court shall order a person who is convicted pursuant to this chapter to pay the costs of imprisonment under this chapter.
History: En. Sec. 73, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-917. Privileges of juveniles

87-6-917. Privileges of juveniles.
A mandatory forfeiture of privileges imposed pursuant to this chapter does not apply to juveniles. However, the court may, at its discretion, order forfeiture of a juvenile's current hunting, fishing, or trapping licenses issued by this state and the juvenile's privilege to hunt, fish, or trap in this state upon conviction or forfeiture of bond or bail for a violation of this title.
History: En. Sec. 74, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-918. Restriction on special application or entry when ordered to pay restitution

87-6-918. Restriction on special application or entry when ordered to pay restitution.
A person convicted or who has forfeited bond or bail under this title and who has been ordered to pay restitution under the provisions of 87-6-906 or 87-6-907 may not apply for any special license under Title 87, chapter 2, part 7, or enter any drawing for a special license or permit for a period of 5 years following the date of conviction or restoration of license privileges, whichever is later. If the violation involved the unlawful taking of a moose, a mountain sheep, or a mountain goat, the person may not apply for a special license or enter a drawing for a special license or permit for the same species of game animal that was unlawfully taken for an additional period of 5 years following the ending date of the first 5-year period.
History: En. Sec. 75, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-919. Suspension of privileges for failure to comply with citation, sentence, or administrative suspension

87-6-919. Suspension of privileges for failure to comply with citation, sentence, or administrative suspension.
(1) A person who fails to comply with the terms of a court citation or the terms of an administrative suspension or who fails to fulfill the obligations of any court-imposed sentence for a wildlife violation under this title, resulting in the issuance of a warrant for the person's arrest, shall forfeit any current hunting, fishing, or trapping license issued by this state to the department, and the person's privilege to hunt, fish, or trap in this state is suspended until the terms of the court citation or sentence are satisfied.
(2) A person who loses the person's privileges under this section must be notified by the department or by the administrative authority in person or by mail.
History: En. Sec. 76, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-920. Forfeiture of license or permit for littering

87-6-920. Forfeiture of license or permit for littering.
A holder of a Montana resident or nonresident fishing or hunting license or camping permit convicted of littering campgrounds, public or private lands, streams, or lakes while hunting, fishing, or camping shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, camp, or trap in this state for a period of 1 year from the date of conviction.
History: En. Sec. 77, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-921. Revocation of exception

87-6-921. Revocation of exception.
If a person is convicted of a violation of the fish and game laws or regulations of Montana, the privilege conferred by 87-2-801 through 87-2-803 and 87-2-816 and 87-2-817 must be revoked for not less than 6 months.
History: En. Sec. 78, Ch. 258, L. 2011; amd. Sec. 35, Ch. 449, L. 2015.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-922. Notification of loss of privileges -- reinstatement and revocation

87-6-922. Notification of loss of privileges -- reinstatement and revocation.
(1) If the court imposes forfeiture of the person's license and privilege to hunt, fish, or trap or to use state lands, the department shall notify the person of the loss of privileges as imposed by the court. The person shall surrender all licenses, as ordered by the court, to the department within 10 days.
(2) After a forfeiture period imposed pursuant to this chapter and upon receipt of notification from the court that the defendant has appeared and all terms of the court sentence, including making payment of any fine, costs, or restitution, have been met or that the defendant is in compliance with installment payments specified by the court, the department shall reinstate the privileges unless the person is not otherwise entitled to reinstatement. After the privileges are reinstated, the department may revoke the privileges if it is notified by the clerk of court that the person is in default on any installment payment.
History: En. Sec. 79, Ch. 258, L. 2011.
2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 9. Additional Sentencing Provisions › 87-6-923. Suspension by administrative authority -- notice and surrender of license or permit

87-6-923. Suspension by administrative authority -- notice and surrender of license or permit.
If an administrative authority suspends a license, permit, or privilege to obtain a license or permit issued under this title, the administrative authority or the department shall notify the person of the suspension and the person shall surrender the license or permit to the department within 10 days.
History: En. Sec. 80, Ch. 258, L. 2011.