Title 87, Title 87

(1) The penalty provisions of this title are intended to supplement but not supersede the provisions of Title 45. Nothing in this title limits the prosecution of any conduct defined as an offense in Title 45. (2) Unless otherwise provided, the general time limitations for prosecu…

(1) A person may kill or attempt to kill a wolf or mountain lion that is in the act of attacking or killing a domestic dog. (2) A person who, under this section, takes wildlife protected by this title shall notify the department within 72 hours and shall surrender or arrange to s…

(1) A person may not concentrate, drive, rally, stir up, run, molest, flush, herd, chase, harass, or impede the movement of or attempt to concentrate, drive, rally, stir up, run, molest, flush, herd, chase, harass, or impede the movement of a game animal or game bird from or with…

A person who purposely, knowingly, or negligently violates an order or rule of the commission or department shall be fined not less than $50 or more than $500. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunt…

(1) A person may not possess, ship, or transport all or part of any game fish, bird, game animal, or fur-bearing animal that was unlawfully killed, captured, or taken, whether killed, captured, or taken in Montana or outside of Montana. (2) This section does not prohibit the poss…

(1) A person convicted of purposely, knowingly, or negligently taking, killing, trapping, labeling, or packaging a fur-bearing animal or the pelt of a fur-bearing animal in violation of any provision of this title shall be fined not less than $100 or more than $1,000 or be impris…

(1) A person may not hunt or attempt to hunt: (a) any game animal or game bird or fish for or catch any fish during the closed season on any species of game animal, game bird, or fish; or (b) an upland game bird until the commission provides an open season on that upland game bir…

(1) Except as provided in subsection (3), a person responsible for the death of any game animal, game bird, or game fish suitable for food may not purposely or knowingly waste the game by: (a) detaching or removing only the head, hide, antlers, tusks, or teeth or any or all of th…

(1) A person may not purposely or knowingly sell, purchase, or exchange all or part of any game fish, bird, game animal, or fur-bearing animal. (2) The value of the game fish, bird, game animal, or fur-bearing animal must be determined from the schedules of restitution values set…

(1) A person may not use a motorboat or a sailboat as defined in 61-1-101 for the purpose of killing, capturing, taking, pursuing, concentrating, driving, or stirring up any upland game bird, migratory bird, game animal, or fur-bearing animal until the motor is shut off or the sa…

(1) Except as provided in 87-3-126, a person may not: (a) kill, take, or shoot at any game bird, game animal, or fur-bearing animal from an aircraft; (b) use an aircraft: (i) to spot or locate any game animal for the purpose of hunting within 24 hours after utilizing an aircraft;…

(1) (a) Except as provided in subsections (1)(b) through (1)(d), a person, firm, or club may not offer or give a prize, gift, or anything of value in connection with or as a bag limit prize for the taking, capturing, killing, or in any manner acquiring any game, fowl, or fur-bear…

(1) (a) A person may not: (i) intentionally interfere with the lawful taking of a wild animal or fishing by another; (ii) with intent to prevent or hinder its lawful taking or its capture, disturb a wild animal or engage in an activity or place in its way any object or substance …

(1) Except as provided in subsection (2), a person may not provide supplemental feed attractants to game animals or wild turkeys by: (a) purposely or knowingly attracting any cloven-hoofed ungulates, bears, mountain lions, or wild turkeys with supplemental feed attractants; (b) a…

(1) A person may not discharge a firearm or other hunting implement at a simulated wildlife decoy in violation of any state statute or commission rule regulating the hunting of the wildlife being simulated when the decoy is being used by a certified peace officer. (2) A person co…

(1) A person, upon the request of the director, the director's authorized representative, or any game warden, shall produce for inspection any current fish and game license or statement of possession pursuant to 87-3-310 that has been issued to the person and any game animals, bi…

(1) A person or firm may not: (a) place or cause to be placed caged live fish in any of the public waters of the state of Montana, except as provided by department regulation; (b) without written department approval, move live or dead salmonid fish or eggs from one in-state locat…

(1) Except as provided in subsection (2), the use or sale of deer or elk urine to mask human odor is prohibited if the urine originated in a state or province with documented occurrences of chronic wasting disease as determined by the commission. (2) The commission may allow deer…

(1) Unless specifically authorized by the department, a person who obtains exact coordinate location data from the department may not use the data or transfer the data to another person to use in a way that harms, harasses, or kills fish or wildlife. A person who uses, transfers,…

(1) For a mountain sheep that died of natural causes, a person may not: (a) recover or possess a horn or horns and attached skull, or portion thereof, in violation of the provisions of 87-3-315; (b) alter, deface, or remove a pin placed in a horn by the department; (c) possess a …

(1) Except as provided in 87-2-311 and subsection (2) of this section, a person may not: (a) hunt or trap or attempt to hunt or trap any game animal, game bird, or fur-bearing animal or fish for any fish within this state or possess within this state any game animal, game bird, f…

(1) A person may not: (a) subscribe to or make any materially false statement on an application or license. Any materially false statement contained in an application renders the license issued pursuant to it void. (b) purchase or apply for a hunting, fishing, or trapping license…

(1) A person who is not a resident may not: (a) apply for or purchase for a nonresident's use the following resident licenses and permits: (i) conservation license; (ii) hunting license or permit; or (iii) fishing license or permit; (b) affirm to or make a false statement to obta…

(1) Except as provided in 87-6-305(2), a person may not apply for, purchase, or possess more than one license, permit, or tag of any one class or more than one special license for any one species listed in 87-2-701. This provision does not apply to Class B-4, Class B-5, or Class …

(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of a hunting or fishing license or permit if the person knowingly carries or has physical control over a valid and unused: (a) hunting license or permit issued to another person while in…

(1) A person may not hunt, fish, or trap while the person's license or privilege to hunt, fish, or trap in this state is forfeited for a violation of this title or any other law pertaining to fish and game in this state. A person convicted of a violation of this section may be fi…

A person who hunts or fishes using a youth combination sports license purchased after the person reaches 18 years of age is guilty of a misdemeanor and is subject to any of the following penalties imposed by the court: (1) revocation of the person's hunting and fishing privileges…

(1) A person whose privilege to hunt, fish, or trap in this state is forfeited for a conviction or forfeiture of bail or bond for a violation under this chapter in this state may not purchase, acquire, obtain, possess, or apply for a hunting, fishing, or trapping license or permi…

A person whose privilege to hunt, fish, or trap in this state has been suspended for a violation of fish and game law in a participating state, pursuant to 87-1-803, and who refuses to surrender any current hunting, fishing, or trapping license as required shall be fined not less…

A person who hunts, fishes, traps, purchases licenses, or refuses to surrender any current hunting, fishing, or trapping license in violation of 87-6-919 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 month…

A person who hunts, fishes, or traps, who applies for or purchases licenses or permits, or who refuses to surrender any current hunting, fishing, or trapping license in violation of 87-1-804 shall be fined not less than $500 or more than $2,000 or be imprisoned in the county jail…

A person convicted of unlawfully applying for or entering a drawing for any special license or permit in violation of 87-6-918 shall be fined not less than $500 or more than $2,000 or be imprisoned in the county detention center for not more than 60 days, or both.

(1) A person may not: (a) hunt or attempt to hunt any game animal or game bird by the aid or with the use of any snare, except as allowed in 87-3-127 and 87-3-128, set gun, projected artificial light, trap, salt lick, or bait; (b) use any recorded or electrically amplified bird o…

(1) A person may not hunt or attempt to hunt any game animal within the boundaries of any incorporated or unincorporated city or town of this state except as allowed under a plan developed by a city or town and approved by the department pursuant to 7-3-1105, 7-3-1222, or 7-31-41…

(1) Except as provided in 87-2-803 and 87-6-405, a person may not hunt or attempt to hunt any game animal or game bird on, from, or across any public highway or the shoulder, berm, or barrow pit right-of-way of any public highway, as defined in 61-1-101, in the state. (2) A perso…

(1) Except as provided in subsections (3) through (6), a person may not: (a) chase any game animal or fur-bearing animal with a dog; or (b) purposely, knowingly, or negligently permit a dog to chase, stalk, pursue, attack, or kill a hooved game animal. If the dog is not under the…

(1) Except as provided in 87-2-803, a person may not hunt or attempt to hunt any game animal or game bird from any self-propelled, motor-driven, or drawn vehicle. For the purposes of this section, the term "hunt" does not include: (a) spotting game from a vehicle; or (b) if hunti…

(1) (a) Except as provided in subsection (1)(b) and subject to the provisions of subsection (2), a person who kills a game animal in this state shall retain evidence of the sex of the animal with the carcass until it is processed. (b) The provisions of subsection (1)(a) do not ap…

A person who purposely, knowingly, or negligently violates 87-3-310 regarding the transfer of possession of harvested game shall be fined not less than $50 or more than $500. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of a…

A person who violates any provision of 87-3-403 related to migratory game birds 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 person, upon conviction or forfeiture of bond…

(1) Each license issued by the department authorizing the holder of the license to hunt game animals, whether issued to a resident or a nonresident, must provide any tags the department prescribes. (2) When a person kills a game animal under the license, the person shall, before …

(1) A person who kills, captures, or possesses a wild turkey by authority of any turkey tag or permit: (a) shall validate the tag either electronically in accordance with rules adopted pursuant to 87-2-119 or by cutting out from the license or tag the date the turkey was killed p…

(1) A person may not attempt to kill, take, shoot, or capture or kill, take, hunt, shoot, or capture more than one game animal of any one species in any 1 license year unless the killing of more than one game animal of that species has been authorized by regulations of the depart…

(1) Except as provided in subsection (3), a person may not hunt any big game animals in this state or accompany any hunter as an outfitter or guide under any of the provisions of the laws of this state without wearing as exterior garments above the waist a total of not less than …

(1) A person may not hunt or attempt to hunt furbearers, game animals, migratory game birds, nongame wildlife, predatory animals, upland game birds, or wolves on private property without first obtaining permission of the landowner, the lessee, or their agents. (2) A person who vi…

(1) Except as provided in subsection (2), it is unlawful to transport into this state the whole carcass or certain carcass parts of white-tailed deer, mule deer, moose, or elk from states or provinces with documented occurrences of chronic wasting disease, as determined by the fi…