Title 87, Title 87

(1) The department may: (a) provide for the refund of resident elk tag license fees to persons applying for special elk permits in hunting districts where there is no general elk hunting and set time limits and describe area restrictions; and (b) designate special elk permit area…

(1) In the event the number of valid applications for special elk permits for a hunting district exceeds the quota set by the department for the district, these permits shall be awarded by a drawing. The department shall provide for those persons making valid application for spec…

(1) In the event that the number of valid applications for special antelope licenses for a hunting district exceeds the quota set by the department for the district, the licenses must be awarded by a drawing. The department shall provide for those persons making valid application…

A holder of a valid hunting license for which a special archery season is set by the department may receive, upon payment of an additional fee of $10, a Class A-2 license that authorizes the holder to hunt with bow and arrow the game animals authorized by the licenses held and to…

(1) Except as otherwise provided in this chapter, a resident, as defined by 87-2-102, who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued is entitled to: (a) a combination sports license that permits a holder w…

(1) Subject to the provisions of subsection (6), 15% of licenses issued under 87-2-505 may be placed in a landowner preference pool for nonresident landowners to hunt only on property the landowner owns in fee title or on other private property the landowner leases to produce a c…

(1) The commission may issue one male mountain sheep license each year through a competitive auction. The commission shall promulgate rules for the use of the license and conduct of the auction. A wildlife conservation organization involved in the conservation of mountain sheep m…

(1) The commission may issue one male Shiras moose license each year through a competitive auction. The commission shall promulgate rules for the use of the license and conduct of the auction. A wildlife conservation organization involved in the conservation of moose may be autho…

(1) The commission may issue one mountain goat license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the auction or lottery. A wildlife conservation organization involved in the conservation of …

(1) The public hunting of wild buffalo or bison that have been designated as a species in need of disease control under 81-2-120 is permitted only when authorized by the department of livestock under the provisions set forth in 81-2-120. (2) The department may issue special licen…

(1) If the commission authorizes the issuance of 40 or more special wild buffalo licenses in any license year, the department shall also issue special licenses to two members of each tribe designated in subsection (3) to hunt wild buffalo during the regular season for wild buffal…

(1) Subject to the provisions of subsection (2) and the limitation in subsection (3), a person who owns 160 acres or more of real property that is primarily used for agricultural purposes in a hunting district in which a limited number of deer or antelope licenses or permits are …

(1) A resident, as defined in 87-2-102, who is 62 years of age or older may purchase the following for one-half the cost: (a) a conservation license; (b) a Class A fishing license; (c) a Class A-1 upland game bird license; (d) a Class A-3 deer A tag; (e) a Class A-5 elk tag; (f) …

(1) A veteran who is a patient residing at a hospital operated by the department of veterans affairs, within or outside the state, and residents of all institutions under the jurisdiction of the department of public health and human services may fish without a license. The reside…

(1) Persons with disabilities who are residents of Montana not residing in an institution and are certified as disabled as prescribed by departmental rule may purchase the following for one-half the cost: (a) a Class A fishing license; (b) a Class A-1 upland game bird license; (c…

(1) Resident and nonresident minors under 12 years of age may fish without a license. (2) Resident minors who are 12 years of age or older and under 18 years of age may purchase the following for one-half the cost: (a) a conservation license; (b) a Class A fishing license; (c) a …

(1) An accredited representative of an accredited school, college, university, or other institution of learning or of any governmental agency or an individual who is investigating a scientific subject for which collection is necessary, may take, kill, capture, and possess for tha…

(1) The department may issue avicultural permits for taking, capturing, and possessing migratory game birds, as defined in 87-2-101, for the purpose of propagation. Before issuing an avicultural permit, the department shall determine that the applicant has been issued the appropr…

(1) A participant in any angler educational event or activity approved by the department may fish without the otherwise required fishing license while participating on the specified body of water during the event. (2) To be eligible during the 2-year period following April 16, 19…

(1) A person who is 10 years of age or older and who has not completed a hunter safety and education course pursuant to 87-2-105 or a trapper education course pursuant to 87-2-127 is eligible to use an apprentice certificate that entitles the holder to obtain and use hunting lice…

(1) The commission may issue one male mule deer license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the auction or lottery. A wildlife conservation organization that focuses on the conservatio…

(1) The commission may issue one male elk license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the auction or lottery. A wildlife conservation organization that focuses on the conservation of e…

(1) The commission may issue one wolf license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the auction or lottery. A wildlife conservation organization may be authorized to conduct the license …

(Effective on occurrence of contingency) Auction or lottery of grizzly bear license. (1) The commission may issue one grizzly bear license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the aucti…

(1) The holder of any hunting license issued by the department may surrender that license and any related permit to the department for reissuance to a disabled veteran or a disabled member of the armed forces for use on an expedition arranged by a nonprofit organization that is e…

(1) A resident, as defined in 87-2-102, or a nonresident who is a legion of valor member is entitled to fish with a conservation license issued by the department. (2) A resident, as defined in 87-2-102, awarded a purple heart for service in the armed forces of the United States i…

(1) A veteran or a disabled member of the armed forces who meets the qualifications in 87-2-803(9) as a result of a combat-connected injury may apply at a fish, wildlife, and parks office for a regular Class A-3 deer A tag, a Class A-4 deer B tag, a Class B-7 deer A tag, a Class …

A law enforcement officer, as defined in 7-32-201, a firefighter, or a volunteer firefighter who was critically injured in the line of duty and is permanently unable to return to work because of the injury is entitled to fish with a conservation license issued by the department d…

(1) The commission may issue one either sex antelope license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the auction or lottery. A wildlife conservation organization that focuses on the conser…

(1) The commission may issue one swan license each year through a competitive auction or lottery. The commission shall promulgate rules for the use of the license and conduct of the auction or lottery. A wildlife conservation organization that focuses on the conservation of migra…

The director may appoint license agents as needed to sell state hunting and fishing licenses and any permits or certificates prescribed by the department, according to rules adopted by the department.

(1) License agents, except salaried employees of the department, must receive for all services rendered a commission of 50 cents for each transaction, plus any additional amount as determined under subsection (9) and by rules adopted pursuant to subsection (10). (2) A license age…

Appointments of license agents shall be nontransferable, and each appointment shall be valid only at the single location of the business as stated on the certificate of appointment. Such appointments may be summarily revoked at any time by the director upon discontinuance of the …

(1) When the fire danger becomes so extreme that the governor, upon the advice and recommendation of the department of natural resources and conservation, closes an area to trespass because of fire danger, that area is automatically closed to hunting or fishing and remains closed…

All shippers of fish, game or nongame birds, game animals, fur-bearing animals, the skins of fur-bearing animals or predatory animals, or parts thereof are required to label all packages offered for shipment by parcel post, common carrier, or otherwise. The label shall be securel…

A person or the agent or employee of any common carrier, association, stage, express, railway, or transportation company may not transport or receive for transportation or carriage or sell or offer for sale any of the fish, game or nongame birds, game animals, fur-bearing animals…

The commission shall adopt rules to regulate contests, in accordance with the provisions of 87-6-214, by a person, firm, or club that intends to offer or give a prize, gift, or anything of value in connection with or as a prize for the taking, capturing, killing, or in any manner…

(1) A manned or unmanned aircraft may be used for the purpose of herding, driving, or hazing wild animals damaging private property or crops on the property in question pursuant to a permit issued by the department. (2) The commission shall adopt rules for the issuance of the per…

(1) Livestock owners, their agents, or employees of the department or a federal agency may use dogs in pursuit of stock-killing black bears, stock-killing mountain lions, and stock-killing bobcats. Other means of taking stock-killing black bears, stock-killing mountain lions, and…

The provisions of this chapter relating to methods of herding, driving, capturing, taking, locating, or concentrating of fish, game animals, game birds, or fur-bearing animals do not apply to the department or to any employee thereof while acting within the scope and course of th…

When it is shown that any violation of the provisions of this title was for the purpose of preventing great suffering by hunger of any person which could not otherwise have been avoided, the provisions of this title shall not apply to the case.

A person who is responsible for the death of a grizzly bear shall deliver all parts of the grizzly bear required by department or commission regulation for scientific purposes to an officer or employee of the department for inspection as soon as possible after removal, and the de…

(1) A peace officer may issue permits to applicants for the purpose of salvaging antelope, deer, elk, or moose that have been accidentally killed as a result of a vehicle collision. (2) For purposes of this section, "peace officer" means a sheriff, deputy sheriff, undersheriff, p…

The department has full control of all state fish hatcheries and is responsible for their construction, maintenance, and operation. All that construction work done under contract or otherwise shall be done under control and supervision of the director. The department shall admini…

The director has general supervision over all fish hatcheries in the state. The output of all hatcheries shall be used to stock the lakes and streams of the state and shall be for free and impartial distribution. Distribution shall be under the direction of the department subject…

The department may prohibit the use of small fish as bait for catching fish in such waters as the department designates. It may promulgate such other rules as are necessary to insure an adequate supply of fish in such waters and may regulate fishing from boats or other floating d…