Montana Code Annotated 1999

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     77-1-137. (Temporary) Moratorium on harvest of wild medicinal plants on state lands -- penalty. (1) For a period of 3 years after April 20, 1999, the collection, disturbance, alteration, or removal of wild medicinal plants from state lands for human consumption is prohibited. The harvesting or other taking of wild medicinal plants or plant specimens from state lands is not a recreational use for which a general or special recreational use license may be issued. The harvesting or other taking of wild medicinal plants or plant specimens from state lands for purposes of scientific study by an accredited representative of an accredited school, college, university, or other institution of higher learning or of any government agency is not prohibited under the moratorium. The incidental disturbance of medicinal plants by a state land lessee who is lawfully exercising rights granted under the lease is not considered to be a violation of the moratorium.
     (2) A violation of the moratorium imposed in this section is considered an illegal removal of a valuable resource from state lands. A person convicted of violating the moratorium is subject to a civil penalty of up to $1,000 for each day of violation. (Terminates April 20, 2002--sec. 7, Ch. 380, L. 1999.)

     History: En. Sec. 3, Ch. 380, L. 1999.

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