SENATE BILL NO. 104
INTRODUCED BY M. SPRAGUE
AN ACT GENERALLY REVISING FISH AND WILDLIFE ENFORCEMENT STATUTES; CLARIFYING THE FORFEITURE OF PRIVILEGES PENALTY FOR WASTE OF GAME; CLARIFYING THE AUTHORITY OF A PEACE OFFICER, GAME WARDEN, OR OTHER AUTHORIZED PERSON TO DESTROY A DOG THAT CHASES, STALKS, OR PURSUES A HOOVED GAME ANIMAL AND PROVIDING AN OPTIONAL CRIMINAL PENALTY FOR THE DOG OWNER; CLARIFYING THE OFFENSE OF PROVIDING SUPPLEMENTAL FEED ATTRACTANTS TO GAME ANIMALS AND ADDING AN OFFENSE OF FEEDING OR ALLOWING BEARS TO FEED; REVISING TRAP TAGGING REQUIREMENTS TO INCLUDE TRAPS USED FOR ANY ANIMAL AND ALLOWING USE OF THE TRAPPER'S WILDLIFE CONSERVATION LICENSE NUMBER ON TRAP TAGS; AMENDING SECTIONS 87-3-102, 87-3-124, 87-3-130, AND 87-3-504, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-3-102, MCA, is amended to read:
"87-3-102. Waste of fish or game. (1) A person who is responsible for the death of a mountain lion commits the offense of waste of game if the person abandons the head or hide in the field.
(2) A person who is responsible for the death of a grizzly bear commits the offense of waste of game if the person abandons the head or hide or any parts required by department or commission regulation for scientific purposes. All parts of a grizzly bear required by department or commission regulation for scientific purposes must be delivered to an officer or employee of the department for inspection as soon as possible after removal, and the department shall return to the licensee any bone structure and skull within 1 year upon written request. The hide must be returned immediately.
(3) A person responsible for the death of any game animal, except a mountain lion, commits the offense of waste of game if the person purposely or knowingly:
(a) detaches or removes from the carcass only the head, hide, antlers, tusks, or teeth or any or all of these parts;
(b) wastes any part of any game animal, game bird, or game fish suitable for food by transporting, hanging, or storing the carcass in a manner that renders it unfit for human consumption; or
(c) abandons in the field the carcass of any game animal or any portion of the carcass suitable for food.
(4) A person in possession of a game animal or game animal parts, a game bird, or a game fish suitable for food commits the offense of waste of game if the person purposely or knowingly:
(a) purposely or knowingly transports, stores, or hangs the animal, bird, or fish in a manner that renders it unfit for
human consumption; or
(b) disposes of or abandons any portion of a game animal, game bird, or game fish that is suitable for food.
(5) For the purposes of this section, the meat of a grizzly or a black bear that is found to be infected with trichinosis is not considered to be suitable for food.
(6) A person convicted of waste of game may be fined not less than $50 or more than $1,000 or imprisoned in the county jail for a term not to exceed 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, and trapping licenses issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture, unless the court imposes a longer forfeiture period. If the court imposes forfeiture of the person's license and privilege to hunt, fish, or trap, the department shall notify the person of the forfeiture and loss of privileges. The person shall surrender all hunting, fishing, and trapping licenses to the department within 10 days of notification."
Section 2. Section 87-3-124, MCA, is amended to read:
"87-3-124. Restrictions on hunting with dogs Dogs -- restrictions on hunting -- penalty for chasing hooved game
animals. (1) (a) Except as provided in 87-3-127 and subsection subsections (2) and (3) of this section, a person may not
chase with dogs a dog any of the game or fur-bearing animals as defined by the fish and game laws of this state.
(b) A person may take game birds during the appropriate open season with the aid of a dog or dogs. Any person or
association organized for the protection of game may run field trials at any time upon obtaining written permission from the
director.
(c) Any Except as provided in subsection (2), any peace officer, game warden, or other person authorized to enforce the
Montana fish and game laws who witnesses any a dog chasing, stalking, pursuing, attacking, or killing hooved game
animals may destroy that dog, on public land or on private land at the request of the landowner, without criminal or civil
liability.
(d) Except as provided in subsection (2), a person who purposely, knowingly, or negligently permits a dog to chase, stalk, pursue, attack, or kill hooved game animals is guilty of a misdemeanor and is subject to the penalty in 87-1-102(1). If the dog is not under the control of an adult at the time of the violation, the owner of the dog is personally responsible. A defense that the dog was allowed to run at large by another person is not allowable, unless it is shown that at the time of the violation the dog was running at large without the consent of the owner and that the owner took reasonable precautions to prevent the dog from running at large.
(2) A person may use trained or controlled dogs to chase or herd away game animals or fur-bearing animals to protect humans, lawns, gardens, livestock, or agricultural products, including growing crops and stored hay and grain. The dog may not be destroyed pursuant to subsection (1)(c).
(2)(3) The commission has authority to allow and regulate the use of dogs for hunting and chasing mountain lion and
bobcat."
Section 3. Section 87-3-130, MCA, is amended to read:
"87-3-130. Taking of wildlife to protect persons or livestock. (1) This chapter may not be construed to impose, by
implication or otherwise, criminal liability for the taking of wildlife protected by this chapter title if the wildlife is
molesting, assaulting, killing, or threatening to kill a person or livestock. A person who so, under this subsection, takes
wildlife protected by this chapter title shall, within 72 hours, notify the department within 72 hours and surrender or arrange
to surrender the wildlife to the department.
(2) A person may not intentionally provide supplemental feed attractants to game animals by:
(a) purposely or knowingly attracting bears with supplemental feed attractants;
(b) after having received a previous warning, negligently failing to properly store supplemental feed attractants and allowing bears access to the supplemental feed attractants; or
(c) purposely or knowingly providing supplemental feed attractants in a manner that results in an artificial concentration of game animals that may potentially contribute to the transmission of disease or that constitutes a threat to public safety.
(3) A person who is engaged in the normal feeding of livestock, in a normal agricultural practice, in cultivation of a lawn or garden, or in the commercial processing of garbage is not subject to civil or criminal liability under this section.
(4) A person who violates this subsection (2) is guilty of a misdemeanor and is subject to the penalty provided in
87-1-102(1). This subsection section does not apply to supplemental feeding activities conducted by the department for
disease control purposes.
(3)(5) As used in this section,:
(a) "livestock" includes ostriches, rheas, and emus; and
(b) "supplemental feed attractant" means any food, garbage, or other attractant for game animals."
Section 4. Section 87-3-504, MCA, is amended to read:
"87-3-504. Metal tags required on traps. Any A person trapping fur-bearing animals, or predatory animals, or any
other animals for their pelts shall fasten a metal tag to all such traps bearing in legible English the name and address or
wildlife conservation license number of the trapper, except that no a tag shall be is not required on traps used by
landowners trapping with permit on their own land and or on an irrigation ditch right-of-way contiguous to the land."
Section 5. Effective date. [This act] is effective on passage and approval.
- END -
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