UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
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BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE MANAGEMENT OF WILD BUFFALO AND WILD BISON; DEFINING TERMS RELATED TO BISON; PROVIDING THE DEPARTMENT OF LIVESTOCK MANAGEMENT AUTHORITY OF BISON OUTSIDE OF CONTAINED AREAS MANAGED BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS; AMENDING SECTIONS 81-1-101, 81-2-120, 81-2-121, 81-3-201, 81-5-101, 81-5-104, 87-1-101, 87-1-216, 87-1-271, 87-1-304, 87-2-101, 87-2-701, 87-2-702, 87-2-730, 87-2-731, 87-6-101, AND 87-6-906, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 81-1-101, MCA, is amended to read:
"81-1-101. Definitions. Unless the context requires otherwise, in Title 81, the following definitions apply:
(1) (a) "Bison" means:
(i) domestic bison; or
(ii) feral bison; or
(iii) except as provided in subsection (1)(b), wild buffalo or wild bison.
(b) The term does not include wild buffalo or wild bison on tribal land or within a management area that the department and the department of fish, wildlife, and parks designate pursuant to 87-1-216 as habitat that can contain the migration of wild buffalo or wild bison.
(b)(c) The For the purposes of chapter 9, the term does not include:
(i) wild buffalo or wild bison; or
(ii) for the purposes of chapter 9, buffalo.
(2) "Board" means the board of livestock provided for in 2-15-3102, except as provided in Title 81, chapter 23.
(3) "Department" means the department of livestock provided for in Title 2, chapter 15, part 31.
(4) "Domestic bison" means a bison owned by a person.
(5) "Feral bison" means a domestic bison or progeny of a domestic bison that has escaped or been released from captivity and is running at large and unrestrained on public or private land.
(6) "Wild buffalo" or "wild bison" means a bison that has not been reduced to captivity and is not owned by a person."
Section 2. Section 81-2-120, MCA, is amended to read:
"81-2-120. Management of wild buffalo or wild bison for disease control. (1) Whenever a publicly owned wild buffalo or wild bison from a herd that is infected with a dangerous disease enters the state of Montana on public or private land and the disease may spread to persons or livestock or whenever the presence of wild buffalo or wild bison may jeopardize Montana's compliance with other state-administered or federally administered livestock disease control programs, the Because wild buffalo or wild bison may be infected with a dangerous disease that may spread to persons or livestock and the presence of wild buffalo or wild bison may jeopardize Montana's compliance with other state-administered or federally administered livestock control programs, the department shall manage any wild buffalo or wild bison that is not on tribal land or within a management area that the department and the department of fish, wildlife, and parks designate pursuant to 87-1-216 as habitat that can contain the migration of wild buffalo or wild bison. The department may, under a plan approved by the governor, use any feasible method in taking one or more of the following actions:
(a) The live wild buffalo or wild bison may be physically removed by the safest and most expeditious means from within the state boundaries, including but not limited to hazing and aversion tactics or capture, transportation, quarantine, or delivery to a department-approved slaughterhouse.
(b) The live wild buffalo or wild bison may be destroyed by the use of firearms. If a firearm cannot be used for reasons of public safety or regard for public or private property, the animal may be relocated to a place that is free from public or private hazards and destroyed by firearms or by a humane means of euthanasia.
(c) The live wild buffalo or wild bison may be taken through limited public hunts pursuant to 87-2-730 when authorized by the state veterinarian and the department.
(d) The live wild buffalo or wild bison may be captured, tested, quarantined, and vaccinated. Wild buffalo or wild bison that are certified by the state veterinarian as brucellosis-free may be:
(i) sold to help defray the costs that the department incurs in building, maintaining, and operating necessary facilities related to the capture, testing, quarantine, or vaccination of the wild buffalo or wild bison;
(ii) transferred to a management area that the department and the department of fish, wildlife, and parks designate pursuant to 87-1-216 as habitat that can contain the migration of wild buffalo or wild bison; or
(ii)(iii) transferred to qualified tribal entities that participate in the disease control program provided for in this subsection (1)(d). Acquisition of wild buffalo or wild bison by a qualified tribal entity must be done in a manner that does not jeopardize compliance with a state-administered or federally administered livestock disease control program. The department may adopt rules consistent with this section governing tribal participation in the program or enter into cooperative agreements with tribal organizations for the purposes of carrying out the disease control program. In the rules and cooperative agreements, the department shall include fencing construction requirements for containment of the wild buffalo or wild bison.
(e) Proceeds from the sale of live, brucellosis-free, vaccinated wild buffalo or wild bison must be deposited in the state special revenue fund to the credit of the department.
(f) Any revenue generated in excess of the costs referred to in subsection (1)(d)(i) must be deposited in the state special revenue fund provided for in 87-1-513(2).
(2) Whenever the department is responsible for the death of a wild buffalo or wild bison, either purposefully or unintentionally, the carcass of the animal must be disposed of by the most economical means, including but not limited to burying, incineration, rendering, or field dressing for donation or delivery to a department-approved slaughterhouse or slaughter destination.
(3) In disposing of the carcass, the department:
(a) as first priority, may donate a wild buffalo or wild bison carcass to a charity or to an Indian tribal organization; or
(b) may sell a wild buffalo or wild bison carcass to help defray expenses of the department. If the carcass is sold in this manner, the department shall deposit any revenue derived from the sale of the wild buffalo or wild bison carcass to the state special revenue fund to the credit of the department.
(4) The department may adopt rules with regard to management of publicly owned wild buffalo or wild bison that enter Montana on private or public land and that are from a herd that is infected with a contagious disease that may spread to persons or livestock and may jeopardize compliance with other state-administered or federally administered livestock disease control programs to implement the provisions of this section."
Section 3. Section 81-2-121, MCA, is amended to read:
"81-2-121. Taking of publicly owned wild buffalo or wild bison that are present on private property -- notice -- supplemental feeding -- penalty. (1) This chapter may not be construed to impose, by implication or otherwise, criminal liability on a landowner or the agent of a landowner for the taking of a publicly owned wild buffalo or wild bison that is suspected of carrying disease and that is present on the landowner's private property and is potentially associating with or otherwise threatening the landowner's livestock if the landowner or agent:
(a) notifies or makes a good faith effort to notify the department in order to allow as much time as practicable for the department to first take or remove the publicly owned wild buffalo or wild bison that is present on the landowner's property;
(b) makes a good faith effort to notify the department that a taking has occurred and to retain all parts for disposal by the department; and
(c) is not in violation of subsection (2)(a).
(2) (a) A person may not intentionally provide supplemental feed to game animals in a manner that results in artificial concentration of game animals that may potentially contribute to the transmission of disease. A person who violates this subsection (2)(a) 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, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.
(b) This subsection (2) does not apply to supplemental feeding activities conducted by the department for disease control purposes."
Section 4. Section 81-3-201, MCA, is amended to read:
"81-3-201. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Deputy state stock inspector" means a person designated by the department as a deputy state stock inspector who does not receive a salary or compensation from the department.
(2) "Feedlot" means a confined livestock feeding operation where the owner or operator of the feedlot feeds livestock belonging to others for a fee.
(3) "Livestock" means a bovine animal, domestic bison, horse, mule, or ass, regardless of its age or sex.
(4) "Person" means an individual, partnership, corporation, association, firm, or entity not enumerated that is capable of owning or controlling livestock.
(5) "Specially qualified deputy stock inspector" means a deputy state stock inspector who has been certified by the department, under rules adopted pursuant to 81-3-202, as qualified to conduct an inspection for a permanent transportation permit for a saddle, work, or show horse.
(6) "State stock inspector" means an employee of the department of livestock designated by the department as a state stock inspector."
Section 5. Section 81-5-101, MCA, is amended to read:
"81-5-101. Moving livestock from customary range forbidden. (1) A person who willfully moves or causes to be moved any cattle, horses, mules, swine, llamas, alpacas, domestic bison, or sheep from their owner's customary range without the permission of the owner shall upon conviction be punished by imprisonment in the county jail not exceeding 6 months or by a fine not exceeding $500, or both.
(2) A person who negligently moves or causes to be moved any cattle, horses, mules, swine, llamas, alpacas, domestic bison, or sheep from their owner's customary range without the permission of the owner shall upon conviction be punished by:
(a) a term of imprisonment in the county jail not to exceed 6 months;
(b) a fine not exceeding:
(i) $25 for a first offense;
(ii) $250 for a second offense; and
(iii) $500 for a third or subsequent offense; or
(c) both imprisonment and the appropriate fine.
(3) Prior to the imposition of the penalty provided for in subsection (1) or (2), the owner of the livestock shall file a complaint with the department. The department shall conduct an investigation to determine the circumstances under which the livestock were moved."
Section 6. Section 81-5-104, MCA, is amended to read:
"81-5-104. Stolen livestock -- seizure and forfeiture of vehicle and certain other property used in theft or transportation. (1) The use of a vehicle, money, equipment, or personalty for the theft or transportation of a stolen mule, horse, mare, colt, foal, filly, sheep, lamb, cow, calf, heifer, steer, bull, llama, alpaca, domestic bison, hogs, poultry, ostrich, rhea, emu, or the products of stolen livestock is unlawful. Any vehicle, money, equipment, or personalty used for the theft or unlawful transportation or upon probable cause believed to be devoted wholly or in part to the theft or unlawful transportation must be seized and held.
(2) Within 45 days after the seizure, a peace officer or officer of the agency that seizes the property shall file a petition to institute forfeiture proceedings with the clerk of the district court of the county in which the seizure occurs. The clerk shall issue a summons at the request of the petitioning party, who shall serve the summons upon all owners or claimants of the property by one of the following methods:
(a) upon an owner or claimant whose address is known, by personal service of a copy of the petition and summons as provided in the Montana Rules of Civil Procedure;
(b) upon an owner or claimant whose address is unknown but who is believed to have an interest in the property, by publication of the summons in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no newspaper of general county circulation, by publication in one issue of a newspaper of general circulation in an adjoining county and by mailing a copy of the petition and summons to the most recent address of the owner or claimant, if any, shown in the records of the division of motor vehicles.
(3) A vehicle is not subject to forfeiture under this section if:
(a) it is a stolen vehicle at the time it is used for unlawful transportation; or
(b) the vehicle owner is not in collusion with the party or parties guilty of the theft."
Section 7. Section 87-1-101, MCA, is amended to read:
"87-1-101. Definitions. Unless the context requires otherwise, in this title the following definitions apply:
(1) "Board" means the state parks and recreation board provided for in 2-15-3406.
(2) "Commission" means the fish and wildlife commission provided for in 2-15-3402.
(3) "Department" means the department of fish, wildlife, and parks provided for in Title 2, chapter 15, part 34.
(4) "Director" means the director of fish, wildlife, and parks provided for in 2-15-3401.
(5) "Warden" means a state fish and game warden.
(6) "Wild buffalo" or "wild bison" means a buffalo or bison that:
(a) is managed as a game animal pursuant to 87-1-216; or
(b) has not been reduced to captivity and is not owned by a person only for the purposes of a limited public hunt pursuant to 81-2-120."
Section 8. Section 87-1-216, MCA, is amended to read:
"87-1-216. Wild buffalo or wild bison as species in need of management -- policy -- department duties. (1) The legislature finds that significant potential exists for the spread of contagious disease to persons or livestock in Montana and for damage to persons and property by wild buffalo or wild bison. It is the purpose of this section:
(a) to designate publicly owned wild buffalo or wild bison originating from Yellowstone national park as a species requiring disease control;
(b) to designate other wild buffalo or bison as a species in need of management; and
(c)(b) to set out specific duties for the department for management of the species.
(2) The department:
(a) is responsible for the management, including but not limited to public hunting, of wild buffalo or wild bison in this state that have not been exposed to or infected with a dangerous or contagious disease but may threaten persons or property; are within a management area that the department and the department of livestock designate pursuant to this section as habitat that can contain the migration of wild buffalo or wild bison. However, management under this section does not reduce the wild buffalo or wild bison to captivity.
(b) shall consult and coordinate with the department of livestock on implementation of the provisions of subsection (2)(a) to the extent necessary to ensure that wild buffalo or bison remain disease-free; and
(c)(b) shall cooperate with the department of livestock in managing publicly owned wild buffalo or wild bison that enter the state on public or private land from a herd that is infected with a dangerous disease, as provided in 81-2-120, under a plan approved by the governor. The department of livestock is authorized under the provisions of 81-2-120 to regulate publicly owned wild buffalo or bison in this state that pose a threat to persons or livestock in Montana through the transmission of contagious disease. The department may, after agreement and authorization by the department of livestock, authorize the public hunting of wild buffalo or wild bison that have been exposed to or infected with a contagious disease, pursuant to 87-2-730. The department may, following consultation with the department of livestock, adopt rules to authorize the taking of bison where and when necessary to prevent the transmission of a contagious disease.
(3) The department may adopt rules with regard to wild buffalo or bison that have not been exposed to or infected with a contagious disease but are in need of management because of potential damage to persons or property.
(4)(3) The department may not only release, transplant, or allow wild buffalo or wild bison on any private or public land in Montana that has not been authorized for that use by the private or public owner and is within a management area that the department and the department of fish, wildlife, and parks designate pursuant to this section as habitat that can contain the migration of wild buffalo or wild bison.
(5)(4) Subject to subsection (4) (3), the department shall develop and adopt a management plan before any wild buffalo or wild bison under the department's jurisdiction may be are released, allowed, or transplanted onto private or public land in Montana. A plan must include but is not limited to:
(a) measures to comply with any applicable animal health protocol required under Title 81, under subsection (2)(b), or by the state veterinarian;
(b) any animal identification and tracking protocol required under Title 81 and by the department of livestock to identify the origin and track the movement of wild buffalo or bison for the purposes of subsections (2)(b) and subsection (5)(c) (4)(c);
(c) animal containment measures that ensure that any animal transplanted or released on private or public land will be contained in designated areas. Containment measures must include but are not limited to:
(i) any fencing required by the department of livestock;
(ii) contingency plans to expeditiously relocate wild buffalo or bison that enter private or public property where the presence of the animals is not authorized by the private or public owner; that is not within a management area that the department and the department of fish, wildlife, and parks designate pursuant to this section as habitat that can contain the migration of wild buffalo or wild bison. The department of livestock shall take into possession any animal that is not expeditiously relocated and dispose of it in accordance with 81-2-120.
(iii) contingency plans to expeditiously fund and construct more effective containment measures in the event of an escape; and
(iv) contingency plans to eliminate or decrease the size of designated areas, including the expeditious relocation of wild buffalo or wild bison if the department is unable to effectively manage or contain the wild buffalo or wild bison.
(d) a reasonable means of protecting public safety and emergency measures to be implemented if public safety may be threatened;
(e) a reasonable maximum carrying capacity for any proposed designated area using sound management principles, including but not limited to forage-based carrying capacity, and methods for not exceeding that carrying capacity; and
(f) identification of long-term, stable funding sources that would be dedicated to implementing the provisions of the management plan for each designated area.
(6)(5) When developing a management plan in accordance with subsection (5) (4), the department shall provide the opportunity for public comment and hold a public hearing in the affected county or counties. Prior to making a decision to release or transplant wild buffalo or wild bison onto private or public land in Montana, the department shall respond to all public comment received and publish a full record of the proceedings at any public hearing.
(7)(6) The department is liable for all costs incurred, including costs arising from protecting public safety, and any damage to private property that occurs as a result of the department's failure to meet the requirements of subsection (5) (4).
(8)(7) When adopting and implementing rules regarding the special wild buffalo or wild bison license issued pursuant to 87-2-730, the department shall consult and cooperate with the department of livestock regarding when and where public hunting may be allowed and the safe handling of wild buffalo or wild bison parts in order to minimize the potential for spreading any contagious disease to persons or to livestock."
Section 9. Section 87-1-271, MCA, is amended to read:
"87-1-271. Annual lottery of hunting licenses -- proceeds dedicated to hunting access enhancement. (1) The commission may issue through a lottery one license each year for each of the following:
(a) deer;
(b) elk;
(c) shiras moose;
(d) mountain sheep;
(e) mountain goat;
(f) wild buffalo or wild bison;
(g) antelope; and
(h) mountain lion.
(2) The restriction in 87-2-702(4) that a person who receives a moose, mountain goat, or mountain sheep special license is not eligible to receive another license for that species for the next 7 years does not apply to a person who receives a license through a lottery conducted pursuant to this section.
(3) The commission shall establish rules regarding:
(a) the conduct of the lottery authorized in this section;
(b) the use of licenses issued through the lottery; and
(c) the price of lottery tickets.
(4) Except as provided in 87-2-903, all proceeds from a lottery conducted pursuant to this section must be used by the department for hunting access enhancement programs and law enforcement."
Section 10. Section 87-1-304, MCA, is amended to read:
"87-1-304. Fixing of seasons and bag and possession limits. (1) Subject to the provisions of 87-5-302 and subsection (7) of this section, the commission may:
(a) fix seasons, bag limits, possession limits, and season limits;
(b) open or close or shorten or lengthen seasons on any species of game, bird, fish, or fur-bearing animal as defined by 87-2-101;
(c) declare areas open to the hunting of deer, antelope, elk, moose, sheep, goat, mountain lion, bear, wild buffalo or wild bison, and wolf by persons holding an archery stamp and the required license, permit, or tag and designate times when only bows and arrows may be used to hunt deer, antelope, elk, moose, sheep, goat, mountain lion, bear, wild buffalo or wild bison, and wolf in those areas;
(d) subject to the provisions of 87-1-301(7), restrict areas and species to hunting with only specified hunting arms, including bow and arrow, for the reasons of safety or of providing diverse hunting opportunities and experiences; and
(e) declare areas open to special license holders only and issue special licenses in a limited number when the commission determines, after proper investigation, that a special season is necessary to ensure the maintenance of an adequate supply of game birds, fish, or animals or fur-bearing animals. The commission may declare a special season and issue special licenses when game birds, animals, or fur-bearing animals are causing damage to private property or when a written complaint of damage has been filed with the commission by the owner of that property. In determining to whom special licenses must be issued, the commission may, when more applications are received than the number of animals to be killed, award permits to those chosen under a drawing system. The procedures used for awarding the permits from the drawing system must be determined by the commission.
(2) The commission may adopt rules governing the use of livestock and vehicles by archers during special archery seasons.
(3) Subject to the provisions of 87-5-302 and subsection (7) of this section, the commission may divide the state into fish and game districts and create fish, game, or fur-bearing animal districts throughout the state. The commission may declare a closed season for hunting, fishing, or trapping in any of those districts and later may open those districts to hunting, fishing, or trapping.
(4) The commission may declare a closed season on any species of game, fish, game birds, or fur-bearing animals threatened with undue depletion from any cause. The commission may close any area or district of any stream, public lake, or public water or portions thereof to hunting, trapping, or fishing for limited periods of time when necessary to protect a recently stocked area, district, water, spawning waters, spawn-taking waters, or spawn-taking stations or to prevent the undue depletion of fish, game, fur-bearing animals, game birds, and nongame birds. The commission may open the area or district upon consent of a majority of the property owners affected.
(5) The commission may authorize the director to open or close any special season upon 12 hours' notice to the public.
(6) The commission may declare certain fishing waters closed to fishing except by persons under 15 years of age. The purpose of this subsection is to provide suitable fishing waters for the exclusive use and enjoyment of juveniles under 15 years of age, at times and in areas the commission in its discretion considers advisable and consistent with its policies relating to fishing.
(7) In an area immediately adjacent to a national park, the commission may not:
(a) prohibit the hunting or trapping of wolves; or
(b) close the area to wolf hunting or trapping unless a wolf harvest quota established by the commission for that area has been met."
Section 11. Section 87-2-101, MCA, is amended to read:
"87-2-101. Definitions. As used in Title 87, chapter 3, and this chapter, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Angling" or "fishing" means to take or the act of a person possessing any instrument, article, or substance for the purpose of taking fish in any location that a fish might inhabit.
(2) (a) "Bait" means any animal matter, vegetable matter, or natural or artificial scent placed in an area inhabited by wildlife for the purpose of attracting game animals or game birds.
(b) The term does not include:
(i) decoys, silhouettes, or other replicas of wildlife body forms;
(ii) scents used only to mask human odor; or
(iii) types of scents that are approved by the commission for attracting game animals or game birds.
(3) "Fur-bearing animals" means marten or sable, otter, muskrat, fisher, mink, bobcat, lynx, wolverine, northern swift fox, and beaver.
(4) "Game animals" means deer, elk, moose, antelope, caribou, mountain sheep, mountain goat, mountain lion, bear, and wild buffalo or wild bison.
(5) "Game fish" means all species of the family Salmonidae (chars, trout, salmon, grayling, and whitefish); all species of the genus Sander (sandpike or sauger and walleyed pike or yellowpike perch); all species of the genus Esox (northern pike, pickerel, and muskellunge); all species of the genus Micropterus (bass); all species of the genus Polyodon (paddlefish); all species of the family Acipenseridae (sturgeon); all species of the genus Lota (burbot or ling); the species Perca flavescens (yellow perch); all species of the genus Pomoxis (crappie); and the species Ictalurus punctatus (channel catfish).
(6) "Hunt" means to pursue, shoot, wound, kill, chase, lure, possess, or capture or the act of a person possessing a weapon, as defined in 45-2-101, or using a dog or a bird of prey for the purpose of shooting, wounding, killing, possessing, or capturing wildlife protected by the laws of this state in any location that wildlife may inhabit, whether or not the wildlife is then or subsequently taken. The term includes an attempt to take by any means, including but not limited to pursuing, shooting, wounding, killing, chasing, luring, possessing, or capturing.
(7) "Migratory game birds" means waterfowl, including wild ducks, wild geese, brant, and swans; cranes, including little brown and sandhill; rails, including coots; Wilson's snipes or jacksnipes; and mourning doves.
(8) "Nongame wildlife" means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other animal not otherwise legally classified by statute or regulation of this state.
(9) "Open season" means the time during which game birds, game fish, game animals, and fur-bearing animals may be lawfully taken.
(10) "Person" means an individual, association, partnership, or corporation.
(11) "Predatory animals" means coyote, weasel, skunk, and civet cat.
(12) "Trap" means to take or participate in the taking of any wildlife protected by the laws of the state by setting or placing any mechanical device, snare, deadfall, pit, or device intended to take wildlife or to remove wildlife from any of these devices.
(13) "Upland game birds" means sharp-tailed grouse, blue grouse, spruce (Franklin) grouse, prairie chicken, sage hen or sage grouse, ruffed grouse, ring-necked pheasant, Hungarian partridge, ptarmigan, wild turkey, and chukar partridge.
(14) "Wild buffalo" means buffalo or bison that have not been reduced to captivity."
Section 12. Section 87-2-701, MCA, is amended to read:
"87-2-701. Special licenses. (1) An applicant who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued and is the holder of a resident wildlife conservation license or a nonresident wildlife conservation license may apply for a special license that, in the judgment of the department, is to be issued and shall pay the following fees:
(a) moose--resident, $125; nonresident, $750;
(b) mountain goat--resident, $125; nonresident, $750;
(c) mountain sheep--resident, $125; nonresident, $750;
(d) antelope--resident, $14; nonresident, $200;
(e) grizzly bear--resident, $150; nonresident, $1,000;
(f) black bear--nonresident, $350;
(g) wild buffalo or wild bison--resident, $125; nonresident, $750.
(2) If a holder of a valid special grizzly bear license who is 12 years of age or older kills a grizzly bear, the person shall purchase a trophy license for a fee of $50 within 10 days after the date of the kill. The trophy license authorizes the holder to possess and transport the trophy.
(3) Except as provided in 87-5-302 for special grizzly bear licenses, special licenses must be issued in a manner prescribed by the department."
Section 13. Section 87-2-702, MCA, is amended to read:
"87-2-702. Restrictions on special licenses -- availability of bear and mountain lion licenses. (1) A person who has killed or taken any game animal, except a deer, an elk, or an antelope, during the current license year is not permitted to receive a special license under this chapter to hunt or kill a second game animal of the same species.
(2) The commission may require applicants for special permits authorized by this chapter to obtain a valid big game license for that species for the current year prior to applying for a special permit.
(3) Except as provided in 87-2-815, a person may take only one grizzly bear in Montana with a license authorized by 87-2-701.
(4) (a) Except as provided in 87-1-271(2) and 87-2-815, a person who receives a moose, mountain goat, or limited mountain sheep license, as authorized by 87-2-701, with the exception of an antlerless moose or an adult ewe game management license issued under 87-2-104, is not eligible to receive another special license for that species for the next 7 years. For the purposes of this subsection (4)(a), "limited mountain sheep license" means a license that is valid for an area in which the number of licenses issued is restricted.
(b) Except as provided in 87-1-271(2) and 87-2-815, a person who takes a mountain sheep using an unlimited mountain sheep license, with the exception of a mountain sheep taken pursuant to an adult ewe license, as authorized by 87-2-701, is not eligible to receive another special license for that species for the next 7 years. For the purposes of this subsection (4)(b), "unlimited mountain sheep license" means a license that is valid for an area in which the number of licenses issued is not restricted.
(5) An application for a wild buffalo or wild bison license must be made on the same form and is subject to the same license application deadline as the special license for moose, mountain goat, and mountain sheep.
(6) (a) Licenses for spring bear hunts must be available for purchase at department offices after April 15 of any license year. However, a person who purchases a license for a spring bear hunt after April 15 of any license year may not use the license until 24 hours after the license is issued.
(b) Licenses for fall bear hunts must be available for purchase at department offices after August 31 of any license year. However, a person who purchases a license for a fall bear hunt after August 31 of any license year may not use the license until 24 hours after the license is issued.
(7) Licenses for mountain lion hunts must be available for purchase at department offices after August 31 of any license year. However, a person who purchases a license for a mountain lion hunt after August 31 of any license year may not use the license until 5 days after the license is issued."
Section 14. Section 87-2-730, MCA, is amended to read:
"87-2-730. Special wild buffalo or wild bison license -- regulation. (1) The public hunting of wild buffalo or wild bison that have been designated as a species in need of disease control under 81-2-120 is permitted only when authorized by the department of livestock under the provisions set forth in 81-2-120.
(2) The department may issue special licenses to hunt wild buffalo or wild bison designated as a species in need of disease control when authorized by the department of livestock.
(3) The department shall adopt rules in cooperation with the department of livestock. The rules must provide for:
(a) license drawing procedures;
(b) application fees consistent with 87-2-113;
(c) notification of license recipients as to when and where they may hunt;
(d) fair chase hunting of wild buffalo or wild bison, including requirements that hunting be conducted on foot and away from public roads and that there be no designation of specific wild buffalo or wild bison to be hunted;
(e) means of taking and handling of carcasses in the field, which must include provisions for public safety because of the potential for the spread of infectious disease;
(f) the use of bows and arrows and other hunting arms;
(g) tagging requirements for carcasses, skulls, and hides;
(h) possession limits;
(i) requirements for transportation and exportation; and
(j) requirements and criteria for authorization by the state veterinarian and the department of livestock of any public hunting."
Section 15. Section 87-2-731, MCA, is amended to read:
"87-2-731. (Temporary) Allocation of wild buffalo or wild bison licenses to tribes for traditional purposes. (1) If the commission authorizes the issuance of 40 or more special wild buffalo or wild bison licenses in any license year, the department shall issue special licenses to individuals of each tribe designated in subsection (4) to hunt wild buffalo or wild bison during the regular season for wild buffalo or wild bison and as prescribed in department rules and regulations. The department shall issue two special wild buffalo or wild bison licenses to individuals designated by the respective tribal diabetic programs of each of the Montana tribes designated in subsection (4), coincident with the sale of any special wild buffalo or wild bison licenses for public hunting pursuant to 87-2-730 and in accordance with the terms and conditions of this section.
(2) Wild buffalo or wild bison taken pursuant to the special licenses issued under subsection (1) must be harvested by tribal members in accordance with the traditional ceremonies of each tribe. All parts of wild buffalo or wild bison taken pursuant to this section may be possessed and used by each designated tribe in the manner that the tribe sees fit.
(3) Special wild buffalo or wild bison licenses granted for tribal use pursuant to this section must be issued free of charge. The tribes must be informed of and abide by any rules adopted pursuant to 87-2-730(3)(c) through (3)(i), except that fair chase hunting by tribal members may include hunting conducted on horseback.
(4) The following Montana tribes may designate individuals from their tribal diabetic programs to receive department-issued special licenses, and the individuals are entitled to hunt during the season set aside by the commission for hunting wild buffalo or wild bison:
(a) Assiniboine and Sioux tribes;
(b) Blackfeet tribe;
(c) Chippewa Cree tribe;
(d) Confederated Salish and Kootenai tribes;
(e) Crow tribe;
(f) Gros Ventre and Assiniboine tribes;
(g) Northern Cheyenne tribe; and
(h) Little Shell band of Chippewa.
(5) Special wild buffalo or wild bison licenses granted under this section must be offered to the designated tribes as the first wild buffalo or wild bison licenses available for hunting each year and may be granted to tribal designees in any order. When each of the two individuals designated by each tribe has been offered a license in any license year, any additional available licenses may be issued in the manner provided by the rules adopted by the commission pursuant to 87-2-730.
(6) Use of the special wild buffalo or wild bison licenses granted under this section to individuals designated by the Montana tribes must coincide with the use of any other special wild buffalo license purchased for public hunting pursuant to 87-2-730. (Terminates July 1, 2015--sec. 5, Ch. 378, L. 2005.)"
Section 16. Section 87-6-101, MCA, is amended to read:
"87-6-101. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Alternative livestock" means a privately owned caribou, white-tailed deer, mule deer, elk, moose, antelope, mountain sheep, or mountain goat indigenous to the state of Montana, a privately owned reindeer, or any other cloven-hoofed ungulate as classified by the department. Black bear and mountain lion must be regulated pursuant to Title 87, chapter 4, part 8.
(2) "Alternative livestock ranch" means the enclosed land area upon which alternative livestock may be kept for purposes of obtaining, rearing in captivity, keeping, or selling alternative livestock or parts of alternative livestock, as authorized under Title 87, chapter 4, part 4.
(3) (a) "Bait" means any animal matter, vegetable matter, or natural or artificial scent placed in an area inhabited by wildlife for the purpose of attracting game animals or game birds.
(b) The term does not include:
(i) decoys, silhouettes, or other replicas of wildlife body forms;
(ii) scents used only to mask human odor; or
(iii) types of scents that are approved by the commission for attracting game animals or game birds.
(4) "Closed season" means the time during which game birds, fish, game animals, and fur-bearing animals may not be lawfully taken.
(5) "Cloven-hoofed ungulate" means an animal of the order Artiodactyla, except a member of the families Suidae, Camelidae, or Hippopotamidae. The term does not include domestic pigs, domestic cows, domestic yaks, domestic sheep, domestic goats that are not naturally occurring in the wild in their country of origin, or bison.
(6) "Conviction" means a judgment or sentence entered following a guilty plea, a nolo contendere plea, a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury, or a forfeiture of bail or collateral deposited to secure the person's appearance in court that has not been vacated.
(7) "Field trial" means an examination to determine the ability of dogs to point, flush, or retrieve game birds.
(8) "Fishing" means to take fish or the act of a person possessing any instrument, article, or substance for the purpose of taking fish in any location that a fish might inhabit.
(9) (a) "Fur dealer" means a person engaging in, carrying on, or conducting wholly or in part the business of buying or selling, trading, or dealing within the state of Montana in the skins or pelts of fur-bearing animals or predatory animals.
(b) If a fur dealer resides in Montana or if the fur dealer's principal place of business is within the state of Montana, the fur dealer is considered a resident fur dealer. All other fur dealers are considered nonresident fur dealers.
(10) "Fur farm" means enclosed land upon which furbearers are kept for purposes of obtaining, rearing in captivity, keeping, and selling furbearers or parts of furbearers.
(11) (a) "Fur-bearing animal" or "furbearer" means marten or sable, otter, muskrat, fisher, mink, bobcat, lynx, wolverine, northern swift fox, and beaver.
(b) As used in Title 87, chapter 4, part 10, "furbearer" does not include fox or mink.
(12) "Game animal" means deer, elk, moose, antelope, caribou, mountain sheep, mountain goat, mountain lion, bear, and wild buffalo or wild bison.
(13) "Game fish" means all species of the family Salmonidae (chars, trout, salmon, grayling, and whitefish); all species of the genus Stizostedion (sandpike or sauger and walleyed pike or yellowpike perch); all species of the genus Esox (northern pike, pickerel, and muskellunge); all species of the genus Micropterus (bass); all species of the genus Polyodon (paddlefish); all species of the family Acipenseridae (sturgeon); all species of the genus Lota (burbot or ling); the species Perca flavescens (yellow perch); all species of the genus Pomoxis (crappie); and the species Ictalurus punctatus (channel catfish).
(14) "Hunt" means to pursue, shoot, wound, kill, chase, lure, possess, or capture or the act of a person possessing a weapon, as defined in 45-2-101, or using a dog or a bird of prey for the purpose of shooting, wounding, killing, possessing, or capturing wildlife protected by the laws of this state in any location that wildlife may inhabit, whether or not the wildlife is then or subsequently taken. The term includes an attempt to take by any means, including but not limited to pursuing, shooting, wounding, killing, chasing, luring, possessing, or capturing.
(15) "Knowingly" has the meaning provided in 45-2-101.
(16) "Livestock" includes ostriches, rheas, and emus.
(17) "Migratory game bird" means waterfowl, including wild ducks, wild geese, brant, and swans; cranes, including little brown and sandhill; rails, including coots; Wilson's snipes or jacksnipes; and mourning doves.
(18) "Negligently" has the meaning provided in 45-2-101.
(19) "Nongame wildlife" means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other animal not otherwise legally classified by statute or regulation of this state.
(20) "Open season" means the time during which game birds, fish, and game and fur-bearing animals may be lawfully taken.
(21) "Participating state" means any state that enacts legislation to become a member of the Interstate Wildlife Violator Compact.
(22) "Person" means an individual, association, partnership, and corporation.
(23) "Possession" has the meaning provided in 45-2-101.
(24) "Predatory animal" means coyote, weasel, skunk, and civet cat.
(25) "Purposely" has the meaning provided in 45-2-101.
(26) "Raptor" means all birds of the orders Falconiformes and Strigiformes, commonly called falcons, hawks, eagles, ospreys, and owls.
(27) "Resident" has the meaning provided in 87-2-102.
(28) "Roadside menagerie" means any place where one or more wild animals are kept in captivity for the evident purpose of exhibition or attracting trade, on or off the facility premises. It does not include the exhibition of any animal by an educational institution or by a traveling theatrical exhibition or circus based outside of Montana.
(29) "Sale" means a contract by which a person:
(a) transfers an interest in either game or fish for a price; or
(b) transfers, barters, or exchanges an interest either in game or fish for an article or thing of value.
(30) "Supplemental feed attractant" means any food, garbage, or other attractant for game animals. The term does not include growing plants or plants harvested for the feeding of livestock.
(31) "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.
(32) "Trap" means to take or participate in the taking of any wildlife protected by state law by setting or placing any mechanical device, snare, deadfall, pit, or device intended to take wildlife or to remove wildlife from any of these devices.
(33) "Upland game birds" means sharptailed grouse, blue grouse, spruce (Franklin) grouse, prairie chicken, sage hen or sage grouse, ruffed grouse, ring-necked pheasant, Hungarian partridge, ptarmigan, wild turkey, and chukar partridge.
(34) "Wild animal" means an animal that is wild by nature as distinguished from common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles.
(35) "Wild animal menagerie" means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats, are kept in captivity for use other than public exhibition.
(36) "Wild buffalo" means buffalo or bison that have not been reduced to captivity.
(37)(36) "Zoo" means any zoological garden chartered as a nonprofit corporation by the state or any facility participating in the American zoo and aquarium association accreditation program for the purpose of exhibiting wild animals for public viewing."
Section 17. Section 87-6-906, MCA, is amended to read:
"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, wild 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."
NEW SECTION. Section 18. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell Chippewa tribe.
NEW SECTION. Section 19. Effective date. [This act] is effective on passage and approval.
- END -
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