Title 87, Title 87

(1) A person who owns or lawfully controls a private fish pond shall apply to the department for a fish pond license. The licensee may stock the fish pond with fish procured from a lawful source. The licensee may take fish from the pond in any manner. (2) The department may desig…

A holder of a fishing license who catches whitefish for speculative purposes, for market, or for sale shall keep a record and make an annual report to the department of the number of whitefish sold and the date of each sale. The annual report shall be submitted to the appropriate…

(1) Except as provided in subsections (3) and (4), a fish pond license issued pursuant to 87-4-603 is valid for 10 years. An application must be on a form prescribed by the department and must include the following to be considered correct and complete: (a) contact information co…

(1) If the department discovers a violation of this part, it may institute revocation proceedings after providing reasonable notice and opportunity for a hearing to the licensee. After the hearing and upon proof of the violation, the department may revoke the fish pond license. (…

(1) The department shall regulate the taking, for sale or commercial distribution, of: (a) crayfish for fishing bait; (b) crayfish from private fish ponds regulated under 87-4-603; (c) mysis shrimp; (d) designated species of nongame fish in waters designated by the commission pur…

(1) To finance the administration and enforcement of the provisions of 87-4-609, the department may by rule set reasonable fees for: (a) issuance of the permit required in 87-4-609; and (b) use of traps, nets, or seines in Montana waters for the commercial taking of nongame fish,…

(1) The words "game" and "game birds" or "parts of the same" mean the game animals and game birds, the killing of which is restricted or forbidden by the laws of Montana. (2) The words "merchant", "hotelkeeper", or "restaurant keeper" mean each manager, servant, agent, or employe…

(1) Except as provided in subsection (2), it is lawful for any merchant, hotelkeeper, or restaurant keeper to have in the person's possession, offer for sale, or sell game birds and game if the game or game birds are not killed in Montana. (2) A merchant, hotelkeeper, or restaura…

Each merchant, hotelkeeper, or restaurant keeper who possesses and offers for sale any game or game birds shall produce upon demand, for the inspection of any game warden, deputy game warden, or sheriff, the receipt or record and shipping and transportation receipts required in 8…

It is the duty of a person who has in the person's possession and offers for sale any game or game birds to keep a record showing the amount and kind of game and game birds received by the person, together with shipping and transportation receipts showing the true time and place …

It is unlawful for a person to have in the person's possession and offer for sale or sell any game or game birds without having complied with the provisions of 87-4-704 relating to the keeping of a record and shipping and transportation receipts.

As used in this part unless the context requires otherwise, the following definitions apply: (1) "Roadside menagerie" means any place where one or more wild animals, including birds, reptiles, and the like, are kept in captivity for the evident purpose of exhibition, attracting t…

The department shall adopt and enforce reasonable regulations for the housing, care, treatment, feeding, and sanitation of animals kept in roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos, for the protection of the public from injury by those animals, a…

(1) (a) The department may grant permits for roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos. Application for a permit must be made to the director on a form prescribed by the director. (b) The annual permit fee for five or fewer animals is $10. The an…

(1) It is unlawful to obtain healthy wild animals for a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo by capture from the wild or by purchase except that the capture and holding of injured wildlife or wildlife deemed nonreleasable by the department and the…

A roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo and all equipment used in connection with a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo must be open to inspection at all reasonable hours. If upon inspection it is found that the ro…

(1) The provisions of this part must be enforced by any warden or any other legally authorized officer. Any person violating the provisions of this part shall upon conviction be punished as provided in 87-6-715, and at the discretion of the court, the permit and all rights and pr…

Fines, bonds, or penalties, except those obtained by a justice's court, shall be administered and disposed of in accordance with the provisions of 87-1-601. Fees obtained under this part must be deposited with the department of revenue and credited to the state special revenue fu…

For purposes of this part, the following definitions apply: (1) "Game bird farm" means an enclosed area upon which game birds may be kept for purposes of obtaining, rearing in captivity, keeping, and selling game birds or parts of game birds as authorized under this part. (2) "Ga…

This part does not apply to: (1) a person who owns, controls, or propagates game birds for purposes other than sale or conveyance of game birds or parts of game birds; (2) the holder of a migratory game bird avicultural permit under 87-2-807; or (3) the holder of a shooting prese…

Except as provided in 87-4-902, a person may not own, control, or propagate game birds unless the person holds a current game bird farm license from the department. A person who violates this section is subject to the penalties provided in 87-6-716.

(1) A person desiring to obtain a game bird farm license shall make a written application to the department. The application must be submitted on a form provided by the department and specify: (a) the name of the applicant; (b) the applicant's address; (c) the species of game bir…

(1) A game bird farm license is $300. (2) The fees must be deposited in the state special revenue fund for the use of the department for purposes of this part.

(1) A game bird farm license expires on February 28 of the 5th year following issuance. The department shall renew the license on payment of the license fee if the licensee has not violated any provision under which the license was granted and has submitted the reports required b…

A game bird farm license is nontransferable.

Upon receipt of an application, the department shall inspect the game bird farm facilities and shall thereafter inspect the facilities and the records required to be kept by such farm on a scheduled basis or on such other reasonable basis as may be determined necessary.

All birds lawfully raised in a licensed game bird farm are the private property of the licensee, and the licensee may sell or transfer such birds as private property.

Any birds purchased for use on a game bird farm or any birds raised on a game bird farm may be transported only in compliance with Title 81, chapter 2, part 7, and applicable administrative rules.

A licensee may sell game farm birds or parts thereof only in compliance with all health laws applicable to the sale of game meat.

(1) Each licensee shall keep accurate records of the number and species of birds purchased, transferred, or sold and the name of each person to whom or from whom the birds were purchased, transferred, or sold. These records must be open to inspection by a warden or the director a…

The department may adopt and enforce only such rules as are necessary to implement the provisions of this part. The rules may address but are not limited to fencing requirements, reporting requirements, the care and maintenance of birds held by game bird farm operators, and licen…

Game bird farm licensees may release birds into the wild only with the prior approval of the director.

(1) A game bird farm license may be revoked for failure to operate the game bird farm according to provisions of this part or rules adopted under this part. (2) Upon discovery of a violation, the department shall give notice of such violation to the licensee, with a statement of …