Senate Bill No. 217

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act establishing the department of fish, wildlife, and parks as the lead agency for management of wild buffalo or bison; allowing public hunting of wild buffalo or bison by creating a trophy wild buffalo license; designating wild buffalo or bison that pose no direct threat to health, safety, or property as game animals, as determined by the departments of livestock and fish, wildlife, and parks; requiring orientation for participating license holders; setting terms and fees of the trophy wild buffalo license; requiring monitoring of health for animals taken pursuant to the trophy wild buffalo license; requiring a report on wild buffalo or bison management progress to the 56th legislature; and amending sections 81-2-120 and 87-1-216."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 81-2-120, MCA, is amended to read:

"81-2-120.   Management of wild buffalo or bison for disease control. (1) Whenever Except as provided in [section 3], whenever a publicly owned wild buffalo or bison from a herd that is infected with a dangerous disease enters the state of Montana on public or private land and the disease may spread poses a direct threat of spreading to persons or livestock or whenever the presence of wild buffalo or bison may jeopardize Montana's compliance with federally administered livestock disease control programs, the department may, under a plan approved by the governor, use any feasible method in taking one or more of the following actions:

(a)  The live wild buffalo or bison may be physically removed by the safest and most expeditious means from within the state boundaries, including but not limited to hazing and aversion tactics or capture, transportation, or delivery to a department-approved slaughterhouse.

(b)  The live wild buffalo or bison may be destroyed by the use of firearms. If a firearm cannot be used for reasons of public safety or regard for public or private property, the animal may be relocated to a place that is free from public or private hazards and destroyed by firearms or by a humane means of euthanasia.

(2)  Whenever the department is responsible for the death of a wild buffalo or bison, either purposefully or unintentionally, the carcass of the animal must be disposed of by the most economical means, including but not limited to burying, incineration, rendering, or field dressing for donation or delivery to a department-approved slaughterhouse or slaughter destination.

(3)  In disposing of the carcass, the department:

(a)  as first priority, may donate a wild buffalo or bison carcass to a charity or to an Indian tribal organization; or

(b)  may sell a wild buffalo or bison carcass to help defray expenses of the department. If the carcass is sold in this manner, the department shall deposit any revenue derived from the sale of the wild buffalo or bison carcass to the state special revenue fund to the credit of the department.

(4)  The department may adopt rules with regard to management of publicly owned wild buffalo or bison that enter Montana on private or public land and that are from a herd that is infected with a contagious disease that may spread poses a direct threat of spreading to persons or livestock and that may jeopardize compliance with federally administered livestock disease control programs, subject to the provisions of [section 3]."

Section 2.  Section 87-1-216, MCA, is amended to read:

"87-1-216.   Wild buffalo or bison as species in need of management -- policy -- department duties. (1) The legislature finds that significant potential exists for the spread of contagious disease to persons or livestock in Montana, and for damage to persons and property by wild buffalo or bison, and for wild buffalo or bison public hunting opportunities. It is the purpose of this section:

(a)  to designate publicly owned wild buffalo or bison originating from Yellowstone national park that pose a direct threat of contagious disease to persons or livestock in Montana as a species requiring disease control;

(b)  to designate other wild buffalo or bison that pose a direct threat of damage to persons and property in Montana as a species in need of management; and

(c)  to designate wild buffalo or bison that are not designated pursuant to subsection (1)(a) or (1)(b) as game animals, subject to public hunting pursuant to [section 3]; and

(d) to set out specific duties for the department for management of the species.

(2)  The department:

(a)  is the lead state agency responsible for the management, including but not limited to public hunting pursuant to [section 3], of wild buffalo or bison in this state that have not been exposed to or infected with a dangerous or contagious disease but may threaten persons or property;

(b)  shall consult and coordinate with the department of livestock on implementation of the provisions of subsection (2)(a) to the extent necessary to ensure that wild buffalo or bison remain disease free; and

(c)  shall cooperate with the department of livestock in managing publicly owned wild buffalo or bison that enter the state on public or private land from a herd that is infected with a dangerous disease, as provided in 81-2-120, under a plan approved by the governor. The department of livestock is authorized under the provisions of 81-2-120 to regulate publicly owned wild buffalo or bison in this state that pose a direct threat to persons or livestock in Montana through the transmission of contagious disease. The department of livestock is also authorized, in conjunction with the department, to designate wild buffalo or bison as trophy wild buffalo pursuant to [section 3].

(3)  The department and the department of livestock are strongly urged to enter into an agreement with the national park service for the long-term management of the Yellowstone national park wild buffalo or bison herd. If the national park service does not proceed in good faith in a timely manner to enter a long-term management agreement that, in the determination of the department and the department of livestock, responds adequately to the needs of Montana, the departments are strongly urged to take appropriate court action. The department and the department of livestock shall prepare a joint report to the 55th 56th legislature regarding the present state of wild buffalo or bison management in Montana and any progress on an agreement for the long-term management of the Yellowstone national park herd.

(4)  The department may adopt rules with regard to wild buffalo or bison that have not been exposed to or infected with a contagious disease but are in need of management because of potential damage to person or property or that are designated as trophy wild buffalo subject to public hunting pursuant to [section 3]."

NEW SECTION. Section 3.  Trophy wild buffalo license -- terms and conditions -- hunter orientation. (1) Pursuant to the department's authority under 87-1-216(2), the department shall, in cooperation with the department of livestock:

(a) determine whether publicly owned wild buffalo or bison entering the state pose a direct threat of disease to persons or livestock and designate those animals as a species requiring disease control and requiring management by the department of livestock pursuant to 81-2-120;

(b) determine whether publicly owned wild buffalo or bison entering the state pose a direct threat to the safety of persons or property and designate those animals as a species in need of management, requiring management by the department pursuant to 87-1-216(1)(b); and

(c) designate other publicly owned wild buffalo or bison that enter the state on public or private land as game animals, subject to public hunting pursuant to the terms of this section.

(2) (a) The department may issue a trophy wild buffalo license that allows the holder to kill a wild buffalo or bison designated under subsection (1)(c), in areas designated by the department, and to possess the carcass of the wild buffalo or bison as authorized by department rules pertaining to the possession of big game.

(b) The department shall maintain a list of applicants for a trophy wild buffalo license and issue the licenses randomly by drawing.

(c) The cost of a trophy wild buffalo license is $275 for a resident and $1,700 for a nonresident.

(d) Twenty percent of available trophy wild buffalo licenses must be allocated to nonresidents.

(3) Prior to the taking of a trophy wild buffalo, the department shall conduct an orientation session for licensees. The orientation must stress hunter ethics, safety, and respect for the quarry. Attendance at the orientation session is required before a licensee may take a trophy wild buffalo.

(4) The department of livestock shall maintain necessary health testing on animals taken pursuant to the trophy wild buffalo license to ensure adequate monitoring of brucellosis and other diseases.

NEW SECTION. Section 4.  Codification instruction. [Section 3] is intended to be codified as an integral part of Title 87, chapter 2, part 5, and the provisions of Title 87, chapter 2, part 5, apply to [section 3].

-END-