HOUSE BILL NO. 492
INTRODUCED BY P. CLARK, GUTSCHE
AN ACT CLARIFYING THE AUTHORITY OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO MANAGE THE PRAIRIE DOG AS A SPECIES IN NEED OF MANAGEMENT; AMENDING SECTION 87-5-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE.
WHEREAS, Montana has a responsibility to ensure that a viable prairie dog population is maintained in the state for the long term, as well as to ensure the long-term existence of species associated with prairie dogs; and
WHEREAS, the Montana Prairie Dog Working Group is developing a conservation plan for prairie dogs in Montana to provide for management of populations and habitats in order to ensure both the long-term existence of prairie dogs and the control of prairie dogs to protect existing land uses; and
WHEREAS, the only existing statutory authority for prairie dog management is to control them as rodents under Title 7, chapter 22, part 22, MCA, and as vertebrate pests under section 80-7-1101, MCA; and
WHEREAS, the U.S. Fish and Wildlife Service (USFWS) has found that the black-tailed prairie dog is warranted for listing under the federal Endangered Species Act (ESA) over an 11-state area that includes Montana, but that listing of this species is precluded at the present time because other candidate species have a higher priority for listing; and
WHEREAS, the USFWS finding is based in part on the inadequacy of regulatory mechanisms that Montana and other states currently possess to ensure maintenance of viable prairie dog populations for the long term; and
WHEREAS, Montana and 10 other states have entered into an agreement to jointly develop management plans that address the needs of the species across virtually its entire range, thus improving the status of the black-tailed prairie dog to the point that it can be removed from consideration for listing under the ESA; and
WHEREAS, the USFWS will review the status of the black-tailed prairie dog on an annual basis; and
WHEREAS, it is desirable to enable the Department of Fish, Wildlife, and Parks and the Department of Agriculture to implement management actions contained in Montana's prairie dog conservation plan while specifically protecting the current ability of landowners to manage prairie dogs on their lands; and
WHEREAS, it is desirable to facilitate long-term conservation of prairie dogs according to the conservation plan for prairie dogs in Montana while simultaneously reducing the likelihood that the black-tailed prairie dog will be listed under the ESA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-5-102, MCA, is amended to read:
"87-5-102. Definitions. As used in this part, the following definitions apply:
(1) "Account" means the nongame wildlife account established in 87-5-121.
(2) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.
(3) "Endangered species" means any a species or subspecies of wildlife
that is actively threatened with extinction due to any of the following factors:
(a) the destruction, drastic modification, or severe curtailment of its habitat;
(b) its overutilization for scientific, commercial, or sporting purposes;
(c) the effect on it of disease, pollution, or predation;
(d) other natural or man-made artificial factors affecting its prospects of
survival or recruitment within the state; or
(e) any combination of the foregoing factors.
(4) "Management" means the collection and application of biological
information for the purposes of increasing the number of individuals within
species and populations of wildlife up to the optimum carrying capacity of
their habitat and maintaining such levels conserving populations of wildlife
consistent with other uses of land and habitat. The term includes the entire
range of activities that constitute a modern scientific resource program,
including but not limited to research, census, law enforcement, habitat
improvement, control, and education. Also included within the term, when
and where appropriate, is The term also includes the periodic or total
protection of species or populations as well as regulated taking.
(5) "Nongame wildlife" means any a wild mammal, bird, amphibian,
reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally
classified by statute or regulation of this state. Animals designated by statute
or regulation of this state as predatory in nature are not classified as nongame
wildlife for purposes of this part. Prairie dogs are nongame wildlife and may
be managed, controlled, and regulated under this part. Management and
control by counties and the department of agriculture pursuant to Title 7,
chapter 22, part 22 or 25, and Title 80, chapter 7, part 11, and control by the
department of natural resources and conservation on state trust lands are
permitted as long as the management and control are consistent with any
management plan approved by the department, the department of natural
resources and conservation, and the department of agriculture. Nothing in this
part may be interpreted to limit a landowner's ability to control prairie dog
concentrations on private lands.
(6) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.
(7) "Person" means any an individual, firm, corporation, association, or
partnership.
(8) "Take" means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife.
(9) "Wildlife" means any a wild mammal, bird, reptile, amphibian, fish,
mollusk, crustacean, or other wild animal or any part, product, egg, or
offspring or the dead body or parts thereof of the animal."
Section 2. Effective date. [This act] is effective on passage and approval.
Section 3. Termination. [This act] terminates October 1, 2007.
- END -
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