Title 87, Title 87

(1) On the basis of the determinations made pursuant to 87-5-104, the department shall issue management regulations. The regulations must set forth species or subspecies of nongame wildlife that the department considers to be in need of management pursuant to 87-5-104 through 87-…

Except as provided in regulations issued by the department, it shall be unlawful for any person to take, possess, transport, export, sell, or offer for sale nongame wildlife deemed by the department to be in need of management. Subject to the same exception, it shall further be u…

(1) (a) On the basis of investigations on nongame wildlife provided for in 87-5-104 and other available scientific and commercial data and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, the depa…

(1) The director shall establish programs, including acquisition of land or aquatic habitat, that are considered necessary for management of nongame and endangered wildlife. The department shall establish policies that are necessary to carry out the purpose of 87-5-109 and this s…

(1) The director may permit the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, on the United States' list of endangered native fish and wildlife, as amended and accepted in ac…

The department shall issue such regulations as are necessary to carry out the purposes of this part.

(1) Any person who violates the provisions of this part or whoever fails to procure or violates the terms of any permit issued thereunder shall be guilty of a misdemeanor. (2) Upon a first conviction for a violation under this part, the court may fine the defendant not to exceed …

This part may not be construed to apply retroactively or to prohibit importation into the state of wildlife that are lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exporta…

(1) The following nongame wildlife may not be taken for commercial purposes, except as provided in subsections (3) and (4), without prior authorization of the department, subject to regulations adopted by the department: (a) northern flying squirrel (Glaucomys sabrinus); (b) pika…

(1) There is a nongame wildlife account in the state special revenue fund provided for in 17-2-102. (2) There must be deposited into the account: (a) all money collected under 15-30-2387 and all interest earned by the fund before being expended under this section; and (b) money f…

(1) The commission shall review and approve annually the nongame wildlife programs projects recommended by the department for funding from the nongame wildlife account. The commission shall provide for public comment during the review and approval process. (2) The commission may …

(1) If the United States fish and wildlife service removes the Northern Rocky Mountain or gray wolf from the United States' list of endangered or threatened wildlife, the department is authorized to remove the wolf from the state list of endangered species on a determination by t…

(1) As part of a wolf management plan approved by the department, a radio-tracking collar or a collar that uses global positioning system technology must be attached to at least one wolf in each wolf pack that is active near livestock or near a population center in areas where de…

(1) It is unlawful for a person to hunt, capture, kill, possess, purchase, offer or expose for sale, ship, or transport any wild bird, other than a game bird, or any part of the plumage, skin, or body of the bird, irrespective of whether the bird was captured or killed within the…

"Raptors", when used in this part, means all birds of the orders falconiformes and strigiformes, commonly called falcons, hawks, eagles, ospreys, and owls.

A person may not at any time hunt, capture, kill, possess, purchase, offer or expose for sale, or transport a raptor except as provided in this part.

(1) The commission shall adopt specific rules for the keeping of records and for the trapping, taking, possession by residents and nonresidents, selling or transfer of possession, or training of raptors used in the practice of falconry and may authorize the issuance of licenses t…

(1) Bald eagles, any raptors listed pursuant to 50 CFR, part 17, and any species that has been listed pursuant to 87-5-107 may not be captured in this state for the sport of falconry. (2) Species of raptors that are native to North America may be brought into Montana for the purp…

(1) Raptors may not be used to intentionally flush or harass big game. (2) Raptors may not be loosed intentionally at protected mammals and birds. Game bird limits and all seasons and other rules relating to game birds must be obeyed.

(1) A nonresident who possesses a valid federal falconry license may practice falconry in the state of Montana with legally acquired and permitted raptors. A nonresident is allowed to hunt with falcons in the state of Montana subject to all Montana laws and rules. (2) Nonresident…

Predatory hawks and owls destroying livestock or poultry may be killed at any time by the livestock or poultry owners. Eagles may be killed in compliance with federal law and regulation.

(1) The department may grant permits to a person, whether or not licensed under this part, for the taking and holding of raptors for captive breeding purposes under such conditions, consistent with this part and with rules adopted by the commission, as the department may specify …

(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 …

(1) The commission may: (a) pursuant to subsection (2), regulate the hunting of grizzly bears, including the establishment of tagging requirements for carcasses, skulls, and hides; and (b) establish requirements for the transportation, exportation, and importation of grizzly bear…

(1) There are game preserves within the state for the better protection of all the game animals and birds within their limits. Except as otherwise provided in this part, no person may, within the limits of a game preserve created by the legislature or by the commission, hunt for,…

(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 …

There is a Sun River game preserve described as follows: beginning at a point on the continental divide of the Rocky Mountains, due south of the head or source of the south fork of the north fork of Sun River, in what will be, when surveyed, section 8, township 18 north of range …

(1) Those islands, two in number, including lot one of block one, containing two and fifty-seven hundredths acres; lot two of block one, containing two and sixty hundredths acres; lot one of block two, containing one and sixty-five hundredths acres, all being in the villa site of…

(1) Beginning in section 2, township 12 north, range 3 west, at the southeast corner of upper Holter Lake and proceeding westerly along the northern shoreline of upper Holter Lake in the Gates of the Mountains area located in Lewis and Clark County, Montana, and then northerly al…

It is hereby declared to be the policy of the state of Montana that its fish and wildlife resources and particularly the fishing waters within the state are to be protected and preserved to the end that they be available for all time, without change, in their natural existing sta…

An agency of state government, county, municipality, or other subdivision of the state of Montana, hereafter called applicant, shall not construct, modify, operate, maintain, or fail to maintain any construction project or hydraulic project which may or will obstruct, damage, dim…

The department shall promptly examine and investigate all such plans. Should the department determine the plans and specifications furnished with any such application technically insufficient, the department shall so notify the applicant and may render aid in preparing adequate p…

Within 30 days after the receipt of such plans, the department shall notify the applicant whether or not such construction project or hydraulic project will adversely affect any fish or game habitat. If the department notifies the applicant that such construction will adversely a…

(1) If the department notifies the applicant that the construction will adversely affect fish or game habitat, the applicant, within 15 days after receiving the recommendations and alternatives of the department, shall notify the department if it refuses to modify its plans in ac…

This part shall not operate or be so construed as to impair, diminish, divest, or control any existing or vested water rights under the laws of the state of Montana or the United States or operate in emergencies such as floods, ice jams, or other conditions causing emergency hand…

This part shall not apply to any irrigation district project or any other irrigation system.

The department shall observe acts and omissions on the part of the government of the United States and its agencies within the state of Montana which do, will, or might affect adversely the fish and wildlife resources, including but not limited to the fishing streams within the s…

(1) An agency, under 87-5-502, violating provisions of this part shall be assessed a fine of not less than $100 or more than $500 for each day of continuing violation but not more than a total of $1,000. (2) In addition, at the discretion of the court, the agency shall restore th…

This part may be cited as the "Fish, Wildlife, and Parks Crimestoppers Act".

As used in this part, the following definitions apply: (1) "Board" means the fish, wildlife, and parks crimestoppers board created in 2-15-3404. (2) "Department" means the department of fish, wildlife, and parks. (3) "Program" means the fish, wildlife, and parks crimestoppers pro…

The board shall recommend to the department: (1) the names of individuals to be rewarded for providing information used in detecting and combating fish, wildlife, and parks-related crimes; (2) the amount of any reward recommended; and (3) means for promoting the program.

Members of the board are entitled to no salary but are entitled to expenses incurred while on official business, as provided in 2-18-501 through 2-18-503.

(1) The department shall: (a) create, maintain, and promote a statewide fish, wildlife, and parks crimestoppers program in order to assist law enforcement agencies in detecting and combating fish, wildlife, and parks-related crimes; and (b) consider the board's recommendations an…

The identity of a person submitting information under the program and any information that may lead to the disclosure of such identity is confidential.

The legislature finds that in order to protect Montana's native wildlife and plant species, livestock, horticultural, forestry, and agricultural production, and human health and safety, it is necessary to regulate the importation for introduction and the transplantation or introd…

For purposes of this part, the following definitions apply: (1) "Controlled exotic wildlife" means species placed on the controlled exotic wildlife list under 87-5-707 that may be imported, possessed, or sold only pursuant to commission and department rules and an authorization p…