Title 87, Title 87

(1) In order to enhance future fisheries through natural reproduction, the department shall establish and implement a statewide voluntary program that promotes fishery habitats and spawning areas for the rivers, streams, and lakes of Montana's fisheries. (2) When projects are sug…

(1) The governor or governor's designee shall call for nominees for, accept and review recommendations for, and appoint a future fisheries review panel. The panel must consist of at least 13 members, including but not limited to: (a) one member who is a representative of conserva…

(1) The legislature recognizes the propriety of establishing voluntary leases or other authorized water augmentation measures for instream flows so that mechanisms will be in place to maintain streamflows sufficient for fisheries and aquatic resources during emergency low-flow co…

(1) For each deer or elk general license purchased by a resident, as defined in 87-2-102, the department shall award the resident one free chance in the lottery established by this section. (2) The commission may issue one license each license year for one of the following: (a) s…

The purpose of 87-1-277 through 87-1-279 and this section is to create a continuing program and mechanism to provide funding, through the department, to private shooting clubs, private organizations, local governments, and school districts for the establishment and improvement of…

A private shooting club, private organization, unit of local government, or school district may seek a grant for a shooting range development project.

(1) An applicant for a grant pursuant to 87-1-277 shall provide matching funds in either cash or in-kind contributions. The match must represent $1 in value for each $1 of the grant. In-kind contributions include but are not limited to labor, materials, and real property. Existin…

(1) The department may not use more than 15% of the program funds for administration. (2) The department shall develop a simple application procedure and accountability system. (3) The department shall make every effort to expend or obligate funds for shooting range improvement g…

(1) In order to enhance populations of native Montana fish species through habitat restoration, reductions in species competition, and natural reproduction, the department shall, through its future fisheries improvement program, restore habitats and spawning areas and reduce spec…

(1) The department may establish programs of landowner assistance that encourage public access to and across private lands for purposes of fishing and may adopt rules to carry out program purposes. Rules may address but are not limited to incentives for private landowners who all…

(1) As provided in 87-1-285, the department may establish and administer a voluntary program to enhance fishing access. The program must be designed to provide tangible benefits to participating private landowners who grant access to or across their land for public fishing. (2) A…

(1) Unless acting with gross negligence, an individual or a nonprofit organization is not liable for civil damages resulting from the individual's or organization's placement of a sign or marker warning of a hazard in water legally accessible to the public as long as: (a) the sig…

(1) There is a hunting access account in the state special revenue fund. Funds deposited in this account must be used for the purpose of funding any hunting access program. (2) The following funds must be deposited in the account: (a) 28.5% of the fee for Class B-10 nonresident b…

(1) The legislature finds that: (a) hunters play a vital role in achieving population management objectives for game animals; (b) the donation of game animals to charitable or nonprofit organizations for free distribution to people can help stop hunger; and (c) hunters should hav…

(Temporary) Unlocking public lands program -- purpose -- commission rulemaking authority. (1) The legislature finds that increasing access to public lands will provide additional opportunities for activities such as hunting, fishing, wildlife viewing, and other recreational activ…

(1) A public access land agreement may be granted only to a landowner who is providing access across the landowner's land to public land that is leased by the landowner or to public land for which there is no leaseholder. An agreement may not include land for which the landowner …

(1) The legislature finds that: (a) archery hunting is an important part of Montana's harvest heritage that should be accessible to as many individuals as possible; (b) some hunters require expensive modified archery equipment specifically designed to accommodate their disability…

(1) Except as provided in subsections (6) and (7), the commission: (a) shall set the policies for the protection, preservation, management, and propagation of the wildlife, fish, game, furbearers, waterfowl, nongame species, and endangered species of the state and for the fulfill…

The members of the commission shall hold quarterly or other meetings for the transaction of business at times and places it considers necessary and proper. The meetings must be called by the presiding officer or by a majority of the commission and must be held at the time and pla…

(1) Except as provided in 23-1-111, 87-1-301(6), and subsection (3) of this section, the commission may adopt and enforce rules governing uses of lands that are acquired or held under easement by the commission or lands that it operates under agreement with or in conjunction with…

(1) Subject to the provisions of 87-5-302 and subsections (7) through (10) of this section, the commission may: (a) fix seasons, bag limits, possession limits, and season limits; (b) open or close or shorten or lengthen seasons on any species of game, bird, fish, or fur-bearing a…

(1) The commission may establish and close to hunting, trapping, or fishing any game, bird, or fish refuge on public lands and, with the consent of the owner, on private lands. It may close streams, lakes, or parts of them to hunting, trapping, or fishing. (2) The commission may …

(1) In the interest of public health, safety, and welfare and protection of property and public resources, the use of personal watercraft is prohibited on the headwaters of the Missouri River downstream to its confluence with Prewett Creek, except in Missouri River reservoirs, an…

The purpose of 87-1-321 through 87-1-325 is to require the commission, with advice of the department, to manage elk, deer, and antelope populations in a sustainable manner that keeps animal populations at a number that does not adversely affect Montana land.

When determining the total acreage that serves as habitat for elk, deer, and antelope, the commission shall consider public land and private land for wildlife management or habitat enhancement purposes. This calculation must be reconsidered and provided to the public by October 1…

(1) Based on the habitat acreage that is determined pursuant to 87-1-322, the commission shall determine the appropriate elk, deer, and antelope numbers that can be viably sustained. The department shall consider the specific concerns of private landowners when determining sustai…

The department shall use money from the fish and game fund, as described in 87-1-601(3), to implement 87-1-321 through 87-1-325.

(1) The department and the commission shall adjust existing wildlife management rules and plans to implement 87-1-321 through 87-1-325. (2) The department and the commission may adopt rules for determining sustainability. The commission shall consider average carrying capacity an…

The director shall carry out the policies of the commission and the board and shall adopt rules authorized by law to implement those policies.

Before entering upon official duties, the director shall take and subscribe the constitutional oath of office and shall in addition swear or affirm that the director does not hold another position or office or any position under any political committee or party. The oath or affir…

(1) The director may suspend without pay, reduce in rank, or remove any employee at any time for cause, providing that any person who has been continuously employed for 1 year or more immediately preceding any suspension or discharge may demand and receive a hearing before the de…

The director shall have the power to employ and appoint a deputy director and a sufficient number of wardens for the proper enforcement of the fish and game laws of the state and the orders, rules, and regulations of the department and for such other purposes as the director may …

As soon as practicable after the adjournment of each session of the legislature, the director in cooperation with the attorney general shall make a compilation of the laws relating to fish, game, game birds, and animals in force at the date of the compilation and properly index t…

(1) Wardens must be selected from applicants who have passed an examination that may be required according to the rules adopted and promulgated by the department. A person may not be appointed as a warden until a certificate has been issued to the person by the department to the …

(1) Wardens must be qualified by their experience, training, and skill in protection, conservation, and propagation of wildlife, game, fur-bearing animals, fish, and game birds and interested in this work. They shall devote all of their time for which they are appointed to their …

(1) The following are ex officio wardens: (a) all sheriffs and their deputies; (b) all constables; (c) all peace officers of the state or any subdivision of the state; (d) the executive director and investigators of the board of outfitters; (e) all state forest officers; (f) as a…

It is the duty of wardens to enforce and wardens have the power of peace officers in the enforcement of the provisions of 45-6-101, 45-6-203, 75-10-212(2), 77-1-801, 77-1-806, and rules adopted under 77-1-804 on private and state lands.

(1) A warden may: (a) serve a subpoena issued by a court for the trial of a violator of the fish and game laws; (b) conduct a search, with a search warrant, in accordance with Title 46, chapter 5; (c) seize game, fish, game birds, and fur-bearing animals and any parts of them tak…

(1) Except as provided in 87-1-226(1), all birds, animals, fish, heads, hides, teeth, or other parts of any animal other than grizzly bear seized by any officer or warden or otherwise acquired by a department employee in the scope of employment may be sold, under the direction of…

(1) Upon the sale of property as provided in 87-1-511, the officer shall issue a certificate to the purchasing party, certifying that the purchaser has the legal right to be in possession of the property and that anyone so acquiring this property from the state is prohibited from…

(1) The money obtained upon the sale of seized property must be retained and accounted for by the department when the person having the property in possession at the time of seizure is prosecuted or when a prosecution of the person is pending. If the person charged with violating…

The director and wardens shall keep a complete record of all property confiscated because of a violation of the game and fish laws, showing in detail a description of the property, the person from whom it was confiscated, the price received for it upon public sale, and the dispos…

(1) (a) Except as provided in 87-1-290, 87-1-293, 87-1-623, 87-1-298, and subsections (8) and (10) of this section, all money collected or received from the sale of hunting and fishing licenses or permits, from the sale of seized game or hides, from damages collected for violatio…

All salaries, per diem, expenses, and claims incurred by the department or a person appointed or employed by it shall be paid out of fish and game moneys in the general fund, the federal special revenue fund, the state special revenue fund, or other applicable fund upon warrants …

(1) All land owned by the department of fish, wildlife, and parks is subject to taxation and must be assessed by the department of revenue as if it were taxable to a private citizen, except: (a) department-owned land purchased before May 10, 2009, totaling less than 100 acres in …

The county commissioners of any county receiving funds as provided in 87-1-603 may allocate, in such amounts as they determine, any portion of the funds to any school district in the county whenever the school district contains any department lands. Any balance remaining after al…