87-6-106. Lawful taking to protect livestock or person -- findings.

(1) A person may kill or attempt to kill a wolf or mountain lion that is in the act of attacking or killing a domestic dog.

(2) A person who, under this section, takes wildlife protected by this title shall notify the department within 72 hours and shall surrender or arrange to surrender the wildlife to the department.

(3) In accordance with the rights conferred on Montana citizens pursuant to Article II, sections 3 and 12, of the Montana constitution, the legislature finds the act of a grizzly bear attacking or killing a person is an absolute defense against a person who takes a grizzly bear in accordance with this section being charged with a crime under Montana law. Grizzly bears threatening, attacking, or killing livestock may only be taken as provided in 87-5-301.

(4) When a grizzly bear poses a threat to a person through consistent presence or proximity to people or inhabited dwellings, the person may contact the department. If, on investigation, the department finds the grizzly bear is a threat, the department may control, trap, or remove the grizzly bear or issue a permit to the person to kill the grizzly bear to mitigate the threat to human safety.

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