Title 87, Title 87

(1) Nothing in 87-3-221 through 87-3-224 or 87-6-219(1)(b) may restrict the importation and transportation of dead salmonid fish or eggs when the fish or eggs have been processed or prepared in a manner that kills those fish pathogens specified by the department as posing a threa…

The department may promulgate such rules and regulations and may employ such personnel for testing and inspection as are necessary to carry out the provisions of 87-3-221 through 87-3-224.

The cargo and vehicle involved in a violation of 87-6-219(1)(b) and 87-3-210 or 87-3-221 through 87-3-223 may, at the option of the department, either be denied the right to proceed further within the state of Montana or be quarantined until inspected by a designated biologist fr…

(1) The department may conduct inspections for the presence of fish pathogens at any fish hatchery or culture facility. Inspections may be conducted at the request of the hatchery or facility or by order of the department. The expense of inspection must be paid by the hatchery or…

A person, including the owner or custodian of a fish hatchery or culture facility, who has reason to suspect the presence of fish pathogens specified by the department as posing a threat to existing fisheries shall immediately give notice to the department.

A person, firm, or corporation that violates any provision of this part pertaining to fish disease or rules or orders of the department is liable for damages caused by the violation. The damages may be recovered by the person, firm, or corporation damaged or by the department on …

(1) There is a multispecies fish hatchery near Fort Peck dam. The purpose of the hatchery is to provide healthy warm water game fish to improve the warm water fishing opportunities in Montana with minimal impact on cold water fish populations. Administration of the hatchery must …

(1) There is an account to the credit of the department in the state special revenue fund established by 17-2-102 to be known as the warm water fishery enhancement account. (2) There must be deposited in the account: (a) a one-time transfer of money from the department in the amo…

It is the policy of this state to protect and preserve game animals primarily for the citizens of this state while welcoming nonresidents licensed to hunt in Montana to enjoy the state's public wildlife resources and acknowledging nonresidents' financial contribution to Montana's…

In recognition of potential problems associated with identifying property boundaries in the field when seeking permission for hunting, the department shall work cooperatively with all state and federal land management agencies, state and local organizations representing hunters, …

(1) A person licensed to hunt and authorized to possess a carcass of a game animal that requires mandatory department biological inspection or a wolf that requires mandatory department biological inspection may, after validating the license or tag in accordance with 87-6-411, tra…

(1) Except as provided in subsections (6) and (7), a person may recover and possess the horn or horns and attached skull, or portion thereof, of a mountain sheep that died of natural causes and was not purposefully or accidentally killed, captured, or taken, including due to bein…

Laws relating to migratory birds are prescribed by the regulations of the United States department of interior and the fish and wildlife service. Open season, bag limit, and other rules and regulations are announced each year by proclamation by the president of the United States.…

As used in this part, the following definitions apply: (1) "Bird hunting dog" means a dog trained or being trained to point, flush, or retrieve game birds. (2) "Field trial" means an organized event affiliated with a national organization to examine, evaluate, or test the ability…

(1) (a) Training of bird hunting dogs using game birds not raised in captivity is allowed with the purchase of a Class D-5 license and pursuant to the requirements of this part. (b) A Class D-5 license is required for training bird dogs using game birds not raised in captivity. A…

(1) A person or organization shall apply for a permit from the department using a form provided by the department prior to conducting a field trial on public land. (2) A signed application must be submitted to the department at least 20 days prior to the date of the field trial. …

The commission may adopt rules to implement the provisions of this part, including but not limited to limiting the number of Class D-5 licenses issued to nonresidents and limiting the number of dogs that may be trained under a Class D-5 license.

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

(1) Except as provided in subsection (2), a person may not own, control, or propagate furbearers unless the person holds a current fur farm license from the department. (2) This part does not apply to the ownership, control, or propagation of furbearers if the ownership, control,…

(1) A person desiring to obtain a fur farm license shall make a written application to the department. The application must specify: (a) the name of the applicant; (b) the applicant's address; (c) the species of furbearers and any plan to propagate them; (d) the legal description…

(1) A fur farm license fee is $85. A fur farm operator whose license has been expired for more than 1 year is considered a new applicant and shall submit a new application form with the license fee. (2) Application for a fur farm license must be made in writing on a form provided…

(1) A fur farm license is valid only for the license year in which it is issued. The licensee shall apply for renewal annually, and the department shall renew the license if the licensee has not violated any provision under which it was granted. (2) The licensee shall notify the …

A fur farm license is nontransferable.

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

All furbearers lawfully raised on a licensed fur farm are the private property of the licensee, and the licensee may sell or transfer such furbearers as private property.

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

A fur farm owner who desires to sell furs shall comply with all the requirements of part 3 of this chapter.

(1) Each licensee shall keep accurate records of the number and species of furbearers purchased, transferred, or sold and the name of each person to whom or from whom such furbearers were purchased, transferred, or sold. (2) On or before January 31 of each year, each licensee sha…

The department may adopt and enforce only such rules as are necessary to implement this part. The rules may address but are not limited to fencing requirements, reporting requirements, the care and maintenance of the furbearers held by fur farm operators, and licensing requiremen…

(1) A fur farm license may be revoked for failure to operate the fur farm according to the 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 a specif…

Unless otherwise specifically provided in this chapter, the sale or transfer of an ownership interest in an incorporated entity that holds a commercial license issued pursuant to this chapter does not constitute a transfer of the license so long as the license remains in the name…

(1) As used in this section, "taxidermist" means a person who conducts a business for the purpose of mounting, preserving, or preparing all or part of the dead bodies of any wildlife. (2) Before conducting the business of a taxidermist, a taxidermist shall obtain from the departm…

(1) A person or persons, firm, company, or corporation engaging in, carrying on, or conducting wholly or in part the business of buying or selling, trading, or dealing within the state of Montana in the skins or pelts of any animal or animals designated by the laws of Montana as …

(1) A fur dealer shall keep a written record that contains for each transaction a separate, dated entry providing the following details: (a) the number and kind of all skins or pelts purchased or sold by the fur dealer; (b) the place where the skins or furs were killed or trapped…

A fur dealer shall, before buying, selling, or in any manner dealing in the skins or pelts of any fur-bearing or predatory animal within this state, secure a fur dealer's license from the director. A license is not required for a hunter or trapper selling skins or pelts that the …

(1) The following classes of licenses may be issued and the following fees charged for the licenses: (a) resident fur dealer's license, $10; (b) nonresident fur dealer's license: (i) the same as the fee charged in the nonresident's state of residence for a Montana fur dealer seek…

The license required by this part shall be issued annually and shall expire on April 30 of each year, and no reduction in the fee charged for said license shall be made in any case where said license runs for less than 1 year.

A person, firm, company, or corporation may not violate any of the provisions of this part. A person convicted of a violation is subject to the penalties provided in 87-6-704.

As used in this part, the following definitions apply: (1) "Alternative livestock" means a privately owned caribou, white-tailed deer, mule deer, elk, moose, antelope, mountain sheep, or mountain goat indigenous to the state of Montana, a privately owned reindeer, or any other cl…

(1) A person may not operate an alternative livestock ranch in this state without having first obtained an alternative livestock ranch license from the department prior to November 7, 2000. A person may not apply for or be granted a license after that date. (2) A person who opera…

(1) The department has primary jurisdiction over alternative livestock ranches with regard to licensing, reports, recordkeeping, exterior fencing, classification of certain species under 87-4-424, unlawful capture under 87-4-418, inspection under 87-4-413, and enforcement of the …

(1) The department shall charge an annual renewal alternative livestock ranch license fee based on the following scale: (a) an alternative livestock ranch with 1 to 20 alternative livestock, a fee of $100; (b) an alternative livestock ranch with 21 to 60 alternative livestock, a …

(1) An alternative livestock ranch license expires on March 1 of the year succeeding the year of issuance. Application for renewal must be made before a license expires. The department shall renew the license upon payment of the renewal fee if the licensee has complied with all r…

The department may inspect the alternative livestock ranch or the licensee's alternative livestock ranch records on a scheduled basis or on another reasonable basis as may be determined necessary.

(1) All alternative livestock lawfully possessed on a licensed alternative livestock ranch are private property for which the licensee is responsible as provided by law. (2) The licensee may acquire, breed, grow, keep, pursue, handle, harvest, use, sell, or dispose of the alterna…

(1) Prior to selling, transferring, transporting, or disposing of one or more alternative livestock, the alternative livestock ranch licensee shall request an inspection of the alternative livestock, which inspection must be completed by a department of livestock designated agent…