Title 87, Title 87

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…

Sections 87-5-701 through 87-5-704, 87-5-711, 87-5-713 through 87-5-716, and 87-5-721 do not apply to the provisions on importation or introduction of wildlife contained in the following laws: (1) Title 80; (2) 87-3-208 and 87-6-219(1)(a); (3) 87-3-221 through 87-3-224 or 87-3-21…

(1) The commission may adopt rules to implement 87-5-701, 87-5-702, and 87-5-711 through 87-5-715. In implementing 87-5-713, the commission may adopt rules approving species of wildlife that may be introduced by the department. In implementing 87-5-715, the commission may adopt r…

(1) A person may not import into the state, possess, or sell any exotic wildlife unless: (a) the importation, possession, or sale of the exotic wildlife is allowed by law or commission rule; and (b) the person has obtained authorization for importation from the department of live…

(1) The following noncontrolled exotic wildlife may not be released or transplanted in the state but may be possessed or sold as pets in Montana without a permit: (a) tropical and subtropical birds in the order Passeriformes, including but not limited to birds in the families: (i…

As provided in 87-5-704(3)(a), the commission, after a public hearing and recommendation from the classification review committee established in 87-5-708, may by rule adopt a list of controlled exotic wildlife that may be imported, possessed, or sold only pursuant to commission a…

(1) The director shall appoint a classification review committee whose duty is to advise the commission regarding the importation, possession, and sale of exotic wildlife, including recommendations on animals to be placed on the noncontrolled, controlled, or prohibited exotic wil…

(1) Sections 87-5-705 through 87-5-708 and this section do not apply to: (a) institutions that have established that their proposed facilities are adequate to provide secure confinement of wildlife, including: (i) an accredited zoological garden or wildlife sanctuary chartered by…

(1) Except as otherwise provided, the importation for introduction or the transplantation or introduction of any wildlife is prohibited unless the commission determines, based upon scientific investigation and after public hearing, that a species of wildlife poses no threat of ha…

(1) The commission may, after public hearing and recommendation by the classification review committee in 87-5-708, list by administrative rule wildlife species or exotic wildlife that may not be imported, possessed, or sold as pets for captive breeding for research or commercial…

Any wildlife species listed in 87-5-714 or approved by the commission for introduction or transplantation may be introduced or transplanted only subject to a plan developed by the department to assure that the population can be controlled if any unforeseen harm should occur.

(1) The following wildlife species may be introduced or transplanted by the department based upon scientific investigation and upon approval of the commission: (a) gray (Hungarian) partridge (Perdix perdix); (b) chukar partridge (Alectoris chukar); (c) ring-necked pheasant (Phasi…

Any wildlife or feral species transplanted or introduced in the state may be exterminated or controlled by the department if the commission determines that the species poses harm to native wildlife or plants or to agricultural production.

The commission and the department shall consult with the departments of agriculture, public health and human services, and livestock in all matters relating to the control of wildlife species and exotic wildlife that may have a harmful effect on agricultural production or livesto…

(1) Except as provided in subsection (2), a person convicted of a violation of this part shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the department, upon conviction of the p…

(1) When the decision to introduce or transplant a wolf, bear, or mountain lion is made pursuant to this part, the department shall: (a) provide public notice on its website and, when practical, by personal contact in the general area where the animal is released; and (b) notify …

This part may be cited as the "Kelly Flynn Montana Wildlife Habitat Improvement Program and Legacy Act".

As used in this part, unless the context indicates otherwise, the following definitions apply: (1) "Council" means the wildlife habitat improvement advisory council established in 87-5-803. (2) "Department" means the department of fish, wildlife, and parks established in 2-15-340…

(1) There is a wildlife habitat improvement advisory council appointed by the director that ranks projects pursuant to 87-5-804 and advises the department on the administration of this part, including making recommendations on additional weed and soil treatment options and method…

(1) The council shall rank wildlife habitat improvement project proposals pursuant to 87-5-806 and according to rules adopted by the department pursuant to 87-5-808 and make funding recommendations to the department. (2) In ranking the projects, the council shall give preference …

(1) There is a wildlife habitat improvement account in the federal special revenue fund established in 17-2-102. Up to $2 million annually in federal special revenue funds for wildlife purposes as appropriated by the legislature may be deposited in the account. (2) The department…

(1) State, tribal, and federal agencies, as well as conservation districts, irrigation districts, grazing associations, weed control districts, other entities the department considers appropriate for wildlife habitat improvement projects, and nonprofit organizations exempt from t…

(1) A project sponsor shall: (a) monitor and document the timelines, progress, and results of the project; (b) evaluate the overall effectiveness of the project; and (c) provide project and fiscal reports as required by contract. (2) The department shall: (a) conduct field evalua…

The department shall adopt rules to implement this part, including a scoring system for ranking projects proposed to the council under 87-5-804.

(1) There is a habitat legacy account in the state special revenue fund established in 17-2-102. The account is administered by the department of fish, wildlife, and parks. All funds received pursuant to 16-12-111(4)(b) must be deposited in the account. (2) Except as provided in …

(1) There is a land and wildlife stewardship account in the state special revenue fund established in 17-2-102 that is administered by the department of fish, wildlife, and parks for the benefit of the department of fish, wildlife, and parks. All funds received pursuant to 87-5-8…

(1) There is a wildlife habitat improvement project account in the state special revenue fund established in 17-2-102 that is administered by the department of fish, wildlife, and parks for the benefit of the department of fish, wildlife, and parks. All funds received pursuant to…

(1) There is a big game and wildlife highway crossings and accommodations state special revenue account in the state special revenue fund established in 17-2-102 administered by the department of fish, wildlife, and parks. (2) The purpose of the account is to provide money exclus…

This part may be cited as the "Montana Greater Sage-Grouse Stewardship Act".

(1) The legislature finds that it is in the best interests of Montana's economy, the economic stability of school trust lands, and sage grouse conservation and management to enact the Montana Greater Sage-Grouse Stewardship Act. (2) The purpose of this act is to provide competiti…

As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Connectivity area" means an area that provides an important linkage among populations of sage grouse, particularly between core areas or priority populations in adjacent st…

The oversight team shall adopt rules to administer the provisions of this part, including: (1) eligibility and evaluation criteria for grants distributed pursuant to 87-5-910 for projects that maintain, enhance, restore, expand, or benefit sage grouse habitat and populations, inc…

(1) The oversight team shall: (a) cooperate with organizations to maintain, enhance, restore, expand, and benefit sage grouse habitat and populations; (b) identify and map core areas, connectivity areas, and general habitat, subject to the approval of the governor; (c) evaluate g…

(1) There is a sage grouse stewardship account in the state special revenue fund established in 17-2-102. Money deposited in the account is statutorily appropriated, as provided in 17-7-502, and, [except as provided in subsection (8),] must be used for the administration of and p…

(1) Subject to the provisions of 87-5-912, to be eligible to receive funds pursuant to this part, a proposed project must maintain, enhance, restore, expand, or benefit sage grouse habitat and populations for the heritage of Montana and its people through voluntary, incentive-bas…

(1) The legislature finds that allowing a project developer to provide compensatory mitigation for the debits of a project is consistent with the purpose of incentivizing voluntary conservation measures for sage grouse habitat and populations. The project developer may provide co…

A lease or conservation easement selected to receive funds pursuant to this part binds the parties involved to an agreement in which the state is a third-party beneficiary to the lease or easement with the contingent right to enforce the terms of the lease or easement if the gran…

Real property conveyed by fee simple title to the state under this part must be administered by the department pursuant to Title 77.

No provision of this part may be construed to alter Montana law regarding the primacy of the mineral estate, to limit access to the mineral estate, or to limit development of the mineral estate.

(1) Existing land uses and activities are recognized and respected, and those uses and activities, including those authorized by permit but not yet conducted, that existed as of September 8, 2015, may not be managed under the stipulations of a sage grouse conservation strategy ad…

(1) Except as provided in subsection (3), the oversight team shall consider on a case-by-case basis requests for a reduction in or waiver of compensatory mitigation based upon an assessment including but not limited to the following: (a) a project that is located at least six-ten…

(1) Permitting and authorizing agencies and the oversight team shall cooperate to designate as exempt from the habitat quantification tool certain operations and maintenance activities that require a permit or other authorization from a state agency. (2) Operations and maintenanc…