Montana Code Annotated 2023

TITLE 87. FISH AND WILDLIFE

CHAPTER 5. WILDLIFE PROTECTION

Part 4. Game Preserves and Closed Areas

Posting Of Notice And Additional Provisions

87-5-402. Posting of notice and additional provisions. (1) Preserves, refuges, sanctuaries, rest grounds, or closed districts created by the department and any land or water areas or portions of preserves, refuges, sanctuaries, rest grounds, or closed districts closed by the department must be conspicuously posted for a period of 20 days, with posters setting forth their purposes and the penalties for violating the orders, rules, and regulations of the department applicable to them. Not less than 20 days before creation of any fish and game district, preserve, refuge, sanctuary, rest ground, or closed district or closure of land or water areas, publication must be made of the boundaries of the fish and game district, preserve, refuge, sanctuary, rest ground, or closed district, with boundaries accurately designated by definite topographic monuments or public land survey. Publication must be in a newspaper having general circulation in the locality of the fish and game district, preserve, refuge, sanctuary, rest ground, or closed district.

(2) The hunting, pursuing, capturing, killing, or taking of any fish, game animals, game birds, or fur-bearing animals in violation of the orders, rules, or regulations of the department governing any closed season, fish and game district, preserve, refuge, sanctuary, rest ground, or closed land or water area promulgated by the department is punishable by the penalties provided for the violation of laws regarding closed seasons.

(3) All game preserves or refuges created are continued in full effect until they are changed by the department in the manner designated in this section. The department has the right, power, and authority, when properly petitioned, to alter and change the boundaries of or entirely do away with and abandon any preserve or refuge, except the Sun River game preserve, when, in the opinion of the department, it is in the best interest to do so.

History: En. Sec. 27, Ch. 193, L. 1921; re-en. Sec. 3676, R.C.M. 1921; amd. Sec. 1, Ch. 87, L. 1933; re-en. Sec. 3676, R.C.M. 1935; amd. Sec. 1, Ch. 145, L. 1937; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-127; amd. Sec. 2, Ch. 16, L. 2007.