Montana Code Annotated 1999

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     77-1-135. (Temporary) Statement of policy. (1) It is the intent of the legislature to regulate the taking of wild medicinal plants from state lands in order to protect and preserve the natural ecosystem integrity of state lands in perpetuity and safeguard the state's commercial interest in a potentially sustainable enterprise.
     (2) In this connection, the legislature recognizes and declares that:
     (a) school trust lands are held in trust for the support of education and for the attainment of other worthy objects helpful to the well-being of the people of the state;
     (b) it is the duty of the board of land commissioners to administer this trust so as to secure the largest measure of legitimate and reasonable advantage to the state;
     (c) the conservation and preservation of native wild medicinal plants on school trust lands and all lands owned and administered by the state for the enjoyment and inspiration of future generations is an object worthy of legislative action helpful to the well-being of the people of the state;
     (d) the unregulated commercial harvest of wild medicinal plants from state lands creates a threat to the sustainability of wild medicinal plant species, increases the possibility of erosion, weed encroachment, and other adverse environmental effects, and deprives the school trust of potential income;
     (e) the preservation of wild medicinal plants on state trust land has sufficient value to present and future education to meet the state's obligation for the disposition and utilization of trust lands as specified in the Enabling Act; and
     (f) a moratorium on the harvest of wild medicinal plants on state lands provides the time to acquire necessary technical information to recommend policy and benefits all Montanans by raising public awareness of wild medicinal plants and their importance and value, by ensuring the viability of wild medicinal plant populations on state lands, and by preventing erosion and enhancing conservation efforts. (Terminates April 20, 2002--sec. 7, Ch. 380, L. 1999.)

     History: En. Sec. 1, Ch. 380, L. 1999.

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