87-5-301. Grizzly bear -- findings -- policy. (1) The legislature finds that:

(a) grizzly bears are a recovered population and thrive under responsive cooperative management;

(b) grizzly bear conservation is best served under state management and the local, state, tribal, and federal partnerships that fostered recovery; and

(c) successful conflict management is key to maintaining public support for conservation of the grizzly bear.

(2) It is the policy of the state to:

(a) manage the grizzly bear as a species in need of management to minimize conflicts with humans and livestock;

(b) on the delisting of grizzly bears from the federal Endangered Species Act, 16 U.S.C. 1531, et seq., manage grizzly bear populations at levels necessary to maintain delisted status to include management of mortalities from all sources, including take by livestock owners or other authorized persons under subsections (3) and (4) and the loss of bears by translocation out of the populations; and

(c) subject to the provisions of subsections (3) and (4), use proactive management to manage grizzly bear distribution and prevent conflicts, including nonlethal and preventative measures as well as trapping and lethal measures.

(3) Prior to delisting, the commission shall adopt rules to allow a livestock owner or other authorized person to take a grizzly bear at any time without a permit or license from the department when a grizzly bear is attacking or killing livestock. A livestock owner or other authorized person may take all nonlethal steps the livestock owner or authorized person considers necessary to protect the livestock owner's property. The rules adopted by the commission must:

(a) be consistent with the most recent state of Montana grizzly bear management plan, conservation strategies, including mortality thresholds, and the adaptive management principles of the commission and the department for the grizzly bear population;

(b) require a livestock owner or other authorized person who takes a grizzly bear pursuant to this subsection (3) to promptly report the taking of the grizzly bear to the department within 24 hours and to preserve the carcass of the grizzly bear;

(c) establish a quota each year for the total number of grizzly bears that may be taken pursuant to subsection (3) subject to mortality thresholds; and

(d) allow the commission to adjust quotas for the taking of grizzly bears pursuant to subsection (3) before a quota is reached if the commission determines the circumstances require adjustment of the total number of grizzly bears taken.

(4) On delisting, when a grizzly bear is threatening livestock, the livestock owner may make a complaint to the department director. The director or the director's designee shall investigate the complaint, and if it appears it is well-founded, the director or director's designee may:

(a) with permission from the livestock owner or other authorized person, send a department employee to the property to control, trap, or remove the grizzly bear or assist the livestock owner or other authorized person in removing any attractants or removing any other materials attracting grizzly bears to the property; or

(b) subject to the quota established by the commission in subsection (3)(c), issue a permit to the livestock owner or other authorized person to kill the grizzly bear. Any grizzly bear killed pursuant to a permit issued by the department as provided in this subsection (4)(b) must be reported to the department within 24 hours.

(5) (a) Except as provided in subsection (5)(b), the department may not relocate a grizzly bear listed under the federal Endangered Species Act, 16 U.S.C. 1531, et seq., except to a release site previously approved by the commission for relocation of grizzly bears.

(b) The department may respond to a grizzly bear listed under the federal Endangered Species Act, 16 U.S.C. 1531, et seq., that is causing conflict outside of a federal recovery zone. If the bear is to be relocated, the department may not relocate the bear.

(c) To the greatest extent possible, the department and the commission shall prioritize genetic exchange between ecosystems when capturing and translocating a grizzly bear.

(6) As used in this section, "livestock" means cattle, swine, horses, mules, sheep, goats, llamas, donkeys, and livestock guard dogs.