SENATE BILL NO. 353
INTRODUCED BY M. TAYLOR
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING RURAL DEVELOPMENT THROUGH QUALITY BLOCK MANAGEMENT; PROVIDING THAT A RESIDENT LANDOWNER WHO IS NOT PARTICIPATING IN OTHER STATE PROGRAMS FOR HUNTER MANAGEMENT OR HUNTING ACCESS ENHANCEMENT MAY BE GRANTED CERTAIN NONRESIDENT HUNTING LICENSES AT 25 PERCENT OF VALUE FOR USE BY QUALIFIED NONRESIDENT HUNTERS IN EXCHANGE FOR GUARANTEEING RESIDENT HUNTERS ACCESS TO THE LANDOWNER'S PROPERTY; CREATING THE CLASS B-12 NONRESIDENT ANTELOPE COMBINATION LICENSE AND SETTING THE TERMS AND CONDITIONS OF THE LICENSE; ANNUALLY SETTING ASIDE 1,200 CLASS B-1 NONRESIDENT UPLAND GAME BIRD LICENSES, 1,200 CLASS B-10 NONRESIDENT BIG GAME COMBINATION LICENSES, AND 1,200 CLASS B-12 NONRESIDENT ANTELOPE COMBINATION LICENSES FOR LANDOWNER USE; PROVIDING THAT UP TO 1,000 CLASS B-7 NONRESIDENT DEER LICENSES THAT ARE SEPARATED FROM CLASS B-10 NONRESIDENT BIG GAME COMBINATION LICENSES BE SET ASIDE FOR LANDOWNER USE; AMENDING SECTIONS 87-2-402, 87-2-505, 87-2-511, AND 87-2-512, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE."
WHEREAS, the Legislature recognizes that the grant of certain nonresident hunting licenses for use by Montana landowners will provide another tool that a landowner may use to manage public wildlife on that landowner's private property and is not considered privatization of Montana wildlife.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Rural development through quality block management -- nonresident hunting licenses available to landowners. (1) (a) An owner of 160 acres or more of deeded land in Montana who is a holder of a resident wildlife conservation license and who is not participating in a state hunter management program, hunting access enhancement program, or block management program may apply to the department for a Class B-1 nonresident upland game bird license, which the landowner may give to any qualified nonresident to use for hunting upland game birds, subject to the terms of the license and this section. A landowner is qualified to receive a Class B-1 license for each 160 acres owned, up to a total of 8 licenses if 1,280 acres or more are owned. Only one license may be granted for each 160 acres owned, regardless of whether the landowner of record is an individual person, a partnership, or a corporation.
(b) The landowner shall pay 25% of the value of each Class B-1 license received.
(c) The commission shall set aside 1,200 Class B-1 licenses for landowner use, as provided in 87-2-402 and this section. If landowners apply for more than 1,200 Class B-1 licenses in any license year, the commission may hold a drawing to determine which landowners receive the licenses.
(d) For each Class B-1 license received, the landowner shall affirm in writing to the department, on a form provided by the department, that:
(i) the landowner is the owner of record, as indicated by property ownership records on file with the county, and meets the necessary acreage requirements to qualify for the license;
(ii) any hunting allowed by the license will be conducted on the landowner's property and under the landowner's supervision and that the landowner will provide the department with a complete record of the identity of the nonresident who hunted with the license, where the hunting occurred, and what game was taken;
(iii) a resident hunter who is not related to the landowner will be allowed to hunt on the landowner's property without charge during that license year; and
(iv) resident hunters will be afforded the same access rights as nonresident hunters on the landowner's property.
(2) (a) An owner of 640 acres or more of deeded land in Montana who is a holder of a resident wildlife conservation license and who is not participating in a state hunter management program, hunting access enhancement program, or block management program may apply to the department for a Class B-10 nonresident big game combination license, which the landowner may give to any qualified nonresident hunter to use, subject to the terms of the license and this section. A landowner is qualified to receive a Class B-10 license for each 640 acres owned, up to a total of six licenses if 3,840 acres or more are owned. Only one license may be granted for each 640 acres owned, regardless of whether the landowner of record is an individual person, a partnership, or a corporation.
(b) The landowner shall pay 25% of the value of each Class B-10 license received.
(c) The commission shall set aside 1,200 Class B-10 licenses for landowner use, as provided in 87-2-505, 87-2-511, and this section. If landowners apply for more than 1,200 Class B-10 licenses in any license year, the commission shall hold a drawing to determine which landowners receive the licenses.
(d) For each Class B-10 license received, the landowner shall affirm in writing to the department, on a form provided by the department, that:
(i) the landowner is the owner of record, as indicated by property ownership records on file with the county, and meets the necessary acreage requirements to qualify for the license;
(ii) any hunting allowed by the license will be conducted on the landowner's property and under the landowner's supervision and that the landowner will provide the department with a complete record of the identity of the nonresident who hunted with the license, where the hunting occurred, and what game was taken;
(iii) a resident hunter who is not related to the landowner will be allowed to hunt on the landowner's property without charge during that license year; and
(iv) resident hunters will be afforded the same access rights as nonresident hunters on the landowner's property.
(3) (a) An owner of 640 acres or more of deeded land in Montana who is a holder of a resident wildlife conservation license and who is not participating in a state hunter management program, hunting access enhancement program, or block management program may apply to the department for a Class B-12 nonresident antelope combination license, which the landowner may give to any qualified nonresident hunter to use, subject to the terms of the license and [section 2]. A landowner is qualified to receive a Class B-12 license for each 640 acres owned, up to a total of five licenses if 3,200 acres or more are owned. Only one license may be granted for each 640 acres owned, regardless of whether the landowner of record is an individual person, a partnership, or a corporation.
(b) The landowner shall pay the value of each Class B-12 license received, as established in [section 2(3)].
(c) The commission shall set aside 1,200 Class B-12 licenses for landowner use, as provided in [section 2] and this section. If landowners apply for more than 1,200 Class B-12 licenses in any license year, the commission shall hold a drawing to determine which landowners receive the licenses.
(d) For each Class B-12 license received, the landowner shall affirm in writing to the department, on a form provided by the department, that:
(i) the landowner is the owner of record, as indicated by property ownership records on file with the county, and meets the necessary acreage requirements to qualify for the license;
(ii) any hunting allowed by the license will be conducted on the landowner's property and under the landowner's supervision and that the landowner will provide the department with a complete record of the identity of the nonresident who hunted with the license, where the hunting occurred, and what game was taken;
(iii) a resident hunter who is not related to the landowner will be allowed to hunt on the landowner's property without charge during that license year; and
(iv) resident hunters will be afforded the same access rights as nonresident hunters on the landowner's property.
(4) (a) An owner of 640 acres or more of deeded land in Montana who is a holder of a resident wildlife conservation license and who is not participating in a state hunter management program, hunting access enhancement program, or block management program may apply to the department for a Class B-7 nonresident deer license that has been separated from a Class B-10 license pursuant to 87-2-512, which the landowner may give to any qualified nonresident hunter to use, subject to the terms of the license and 87-2-512. A landowner is qualified to receive a Class B-7 license for each 640 acres owned, up to a total of five licenses if 3,200 acres or more are owned. Only one license may be granted for each 640 acres owned, regardless of whether the landowner of record is an individual person, a partnership, or a corporation.
(b) The landowner shall pay 25% of the general license value of each Class B-7 license received.
(c) The commission shall set aside 1,000 separated Class B-7 licenses for landowner use, as provided in 87-2-512 and this section. If landowners apply for more than 1,000 Class B-7 licenses in any license year, the commission shall hold a drawing to determine which landowners receive the licenses.
(d) For each Class B-7 license received, the landowner shall affirm in writing to the department, on a form provided by the department, that:
(i) the landowner is the owner of record, as indicated by property ownership records on file with the county, and meets the necessary acreage requirements to qualify for the license;
(ii) any hunting allowed by the license will be conducted on the landowner's property and under the landowner's supervision and that the landowner will provide the department with a complete record of the identity of the nonresident who hunted with the license, where the hunting occurred, and what game was taken;
(iii) a resident hunter who is not related to the landowner will be allowed to hunt on the landowner's property without charge during that license year; and
(iv) resident hunters will be afforded the same access rights as nonresident hunters on the landowner's property.
NEW SECTION. Section 2. Class B-12--nonresident antelope combination license -- limit on number of licenses and use. (1) There is a Class B-12 nonresident antelope combination license that entitles a person who is not a resident, as defined in 87-2-102, but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued to all the privileges of Class B and Class B-1 licenses and an antelope tag, except as otherwise provided in this chapter and subject to the limitations prescribed by law and department regulation. This license includes the nonresident conservation license as prescribed in 87-2-202. All Class B-12 licenses are reserved for the exclusive use of landowners, as provided in [section 1], and may not be offered for sale as a general license or reserved for any other purpose.
(2) A landowner who qualifies under [section 1(3)] may request up to five Class B-12 licenses, as provided in [section 1]. The commission shall set aside 1,200 Class B-12 nonresident antelope combination licenses for use by qualified landowners as provided in [section 1]. The department shall offer the Class B-12 licenses for sale on March 15 of each license year. The commission may not set aside any Class B-12 licenses for the clients of licensed outfitters. Not more than 1,200 Class B-12 licenses may be sold in any license year.
(3) Class B-12 licenses may be purchased by qualified landowners for $68 each.
(4) A landowner may not purchase a Class B-12 license unless antelope hunting is allowed in the hunting district or districts containing the landowner's property. If the issuance of antelope licenses is subject to a drawing, the landowner, on behalf of the nonresident, must be successful in the drawing before the Class B-12 license may be issued.
Section 3. Section 87-2-402, MCA, is amended to read:
"87-2-402. (Temporary) Class B-1--nonresident upland game bird license -- authority to limit licenses. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued, upon payment of a fee of $110, may receive a Class B-1 license that entitles a holder who is 12 years of age or older to hunt upland game birds and possess the carcasses of upland game birds as authorized by department rules.
(2) (a) After providing public notice and holding a public hearing, the commission may, after setting aside 1,200 Class B-1 nonresident upland game bird licenses for landowner use as provided in [section 1] and subsection (5) of this section, set the number of Class B-1 nonresident upland game bird licenses to be sold in any license year and institute a drawing system to award the licenses, provided that the commission has analyzed the impacts on landowners, outfitters, bird populations, local communities, local economies, private property rights, and hunting access opportunities for resident and nonresident upland game bird hunters.
(b) If the commission establishes a limit on the number of Class B-1 nonresident upland game bird licenses to be sold as authorized in subsection (2)(a), the commission shall provide documentation of the analysis required in subsection (2)(a) and shall provide justification for its decision to establish a limit.
(c) The commission may not set aside any number of licenses issued under this section for the clients of licensed outfitters.
(3) If the commission establishes a limit on the number of licenses to be sold as authorized in subsection (2)(a), the department shall prepare a report for the 58th legislature that tracks upland game bird populations and numbers of nonresident licenses sold. The report must also include the results of the analysis required under subsection (2)(a).
(4) If the commission sets limits as authorized in subsection (2), the commission may develop and adopt rules that provide for a group of applicants to participate in the drawing system under one application. The rules must clarify that each member of a group that is successful in the drawing shall still obtain the license required by this section.
(5) Each license year, the commission shall set aside 1,200 Class B-1 nonresident upland game bird licenses for use by qualified landowners as provided in [section 1]. The commission may not set aside any licenses under this subsection for the clients of licensed outfitters. (Terminates January 1, 2003--sec. 3, Ch. 525, L. 1999.)
87-2-402. (Effective January 1, 2003) Class B-1--nonresident upland game bird license. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued, upon payment of a fee of $110, may receive a Class B-1 license that entitles a holder who is 12 years of age or older to hunt upland game birds and possess the carcasses of upland game birds as authorized by department rules.
(2) Each license year, the commission shall set aside 1,200 Class B-1 nonresident upland game bird licenses for use by qualified landowners as provided in [section 1]. The commission may not set aside any licenses under this subsection for the clients of licensed outfitters."
Section 4. Section 87-2-505, MCA, is amended to read:
"87-2-505. (Temporary) Class B-10--nonresident big game combination license. (1) Except as otherwise provided
in this chapter, a person who is not a resident, as defined in 87-2-102, but who is 12 years of age or older or who will turn
12 years old before or during the season for which the license is issued may, upon payment of the fee of $475 or upon
payment of the fee established as provided in 87-1-268 if the license is one of the licenses reserved pursuant to 87-2-511 for
applicants indicating their intent to use the services of a licensed outfitter and subject to the limitations prescribed by law
and department regulation, apply to the fish and game office, Helena, Montana, to purchase a B-10 nonresident big game
combination license that entitles a holder who is 12 years of age or older to all the privileges of Class B, Class B-1, and
Class B-7 licenses and an elk tag. This license includes the nonresident conservation license as prescribed in 87-2-202. Not
more than 11,500 10,300 unreserved Class B-10 licenses may be sold in any 1 license year.
(2) A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-10 big game combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission.
(3) Each license year, the commission shall set aside 1,200 Class B-10 nonresident big game combination licenses for use by qualified landowners as provided in [section 1]. The commission may not set aside any licenses under this subsection for the clients of licensed outfitters. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993; sec. 6, Ch. 544, L. 1999.)
87-2-505. (Effective March 1, 2006) Class B-10--nonresident big game combination license. (1) Except as
otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who is 12 years of age or
older or who will turn 12 years old before or during the season for which the license is issued may, upon payment of the fee
of $398 or upon payment of the fee of $408 if the license is one of the 5,600 licenses reserved pursuant to 87-2-511 for
applicants indicating their intent to use the services of a licensed outfitter and subject to the limitations prescribed by law
and department regulation, apply to the fish and game office, Helena, Montana, to purchase a B-10 nonresident big game
combination license which shall entitle that entitles a holder who is 12 years of age or older to all the privileges of Class B,
Class B-1, and Class B-7 licenses, and an elk tag. This license includes the nonresident conservation license as prescribed
in 87-2-202. Not more than 17,000 Class B-10 licenses may be sold in any one 1 license year.
(2) A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-10 big game combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission.
(3) Each license year, the commission shall set aside 1,200 Class B-10 nonresident big game combination licenses for use by qualified landowners as provided in [section 1]. The commission may not set aside any licenses under this subsection for the clients of licensed outfitters."
Section 5. Section 87-2-511, MCA, is amended to read:
"87-2-511. (Temporary) Sale and use of Class B-10 and Class B-11 licenses. (1) The department shall offer the
Class B-10 and Class B-11 licenses for sale on March 15, with a number of authorized Class B-10 and Class B-11 licenses,
as determined under 87-1-268, reserved for applicants using the services of a licensed outfitter, and 2,000 of the authorized
Class B-11 licenses reserved for applicants indicating their intent to hunt with a resident sponsor on land owned by that
sponsor, as provided in subsections (2) and (3), and 1,200 of the authorized Class B-10 licenses reserved for use by
landowners as provided in [section 1].
(2) Each application for a resident-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant intends to hunt with a resident sponsor and must indicate the name of the resident sponsor with whom the applicant intends to hunt. In addition, the application must be accompanied by a certificate that is signed by a resident sponsor and that affirms that the resident sponsor will:
(a) direct the applicant's hunting and advise the applicant of game and trespass laws of the state;
(b) submit to the department, in a manner prescribed by the department, complete records of who hunted with the resident sponsor, where they hunted, and what game was taken; and
(c) accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.
(3) The certificate signed by the resident sponsor pursuant to subsection (2) must also affirm that the sponsor is a landowner and that the applicant under the certificate will hunt only on land owned by the sponsor. If there is a sufficient number of licenses set forth in subsection (1), the department shall issue a license to one applicant sponsored by each resident landowner who owns 640 or more contiguous acres. If enough licenses remain for a second applicant for each resident landowner sponsor, the department shall issue a license to the second applicant sponsored by each resident landowner. The department shall conduct a drawing for any remaining resident-sponsored licenses. If there is not a sufficient number of licenses set forth in subsection (1) to allow each resident landowner who owns 640 contiguous acres to sponsor one applicant, the department shall conduct a drawing for the resident-sponsored licenses. However, a resident sponsor of a Class B-11 license may submit no more than 15 certificates of sponsorship in any license year.
(4) Each application for an outfitter-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant will hunt with a licensed outfitter for all big game hunted by the applicant under the license and must indicate the name of the licensed outfitter with whom the applicant will hunt. In addition, the application must be accompanied by a certificate that is signed by a licensed outfitter and that affirms that the outfitter will:
(a) accompany the applicant;
(b) provide guiding services for the species hunted by the applicant;
(c) direct the applicant's hunting for all big game hunted by the applicant under the license and advise the applicant of game and trespass laws of the state;
(d) submit to the department, in a manner prescribed by the department, complete records of who hunted with the outfitter, where they hunted, and what game was taken; and
(e) accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.
(5) An outfitter-sponsored license under subsection (1) is valid only when used in compliance with the affirmations of the applicant and outfitter required under subsection (4). If the sponsoring outfitter is unavailable or if the applicant wishes to use the services of separate outfitters for hunting different species of game, an outfitter-sponsored license may be used with a substitute licensed outfitter, in compliance with the affirmations under subsection (4), upon advance written notification to the board by the sponsoring licensed outfitter or the substitute outfitter.
(6) A nonresident who hunts under the authority of a resident landowner-sponsored license shall conduct all deer hunting on the deeded lands of the sponsoring landowner.
(7) Any permits or tags secured as a result of obtaining a Class B-10 or Class B-11 license through an outfitter sponsor are valid only when hunting is conducted with a licensed outfitter.
(8) The department shall make the reserved outfitter-sponsored Class B-10 and Class B-11 licenses that remain unsold available as provided in 87-1-268.
(9) All Class B-10 and Class B-11 licenses that are not reserved under subsection (1) must be issued by a drawing among all applicants for the respective unreserved licenses.
(10) Each application for a landowner Class B-10 license under [section 1(2)] must contain a written affirmation by the landowner applicant, on a form provided by the department, that the landowner will abide by the requirements of [section 1(2)(d)]. (Terminates March 1, 2006--sec. 6, Ch. 544, L. 1999.)
87-2-511. (Effective March 1, 2006) Sale of Class B-10 and Class B-11 licenses. (1) The department shall offer the
Class B-10 and Class B-11 licenses for sale on March 15, with 5,600 of the authorized Class B-10 licenses and 2,000 Class
B-11 licenses reserved for applicants using the services of a licensed outfitter, and 2,000 of the authorized Class B-11
licenses reserved for applicants indicating their intent to hunt with a resident sponsor on land owned by that sponsor, as
provided in subsections (2) and (3), and 1,200 of the authorized Class B-10 licenses reserved for use by landowners as
provided in [section 1].
(2) Each application for a resident-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant intends to hunt with a resident sponsor and must indicate the name of the resident sponsor with whom the applicant intends to hunt. In addition, the application must be accompanied by a certificate that is signed by a resident sponsor and that affirms that the resident sponsor will:
(a) direct the applicant's hunting and advise the applicant of game and trespass laws of the state;
(b) submit to the department, in a manner prescribed by the department, complete records of who hunted with the resident sponsor, where they hunted, and what game was taken; and
(c) accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.
(3) The certificate signed by the resident sponsor pursuant to subsection (2) must also affirm that the sponsor is a landowner and that the applicant under the certificate will hunt only on land owned by the sponsor.
(4) Each application for an outfitter-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant will hunt with a licensed outfitter for all big game hunted by the applicant under the license and must indicate the name of the licensed outfitter with whom the applicant will hunt. In addition, the application must be accompanied by a certificate that is signed by a licensed outfitter and that affirms that the outfitter will:
(a) accompany the applicant;
(b) provide guiding services for the species hunted by the applicant;
(c) direct the applicant's hunting for all big game hunted by the applicant under the license and advise the applicant of game and trespass laws of the state;
(d) submit to the department, in a manner prescribed by the department, complete records of who hunted with the outfitter, where they hunted, and what game was taken; and
(e) accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.
(5) An outfitter-sponsored license under subsection (1) is valid only when used in compliance with the affirmations of the applicant and outfitter required under subsection (4). If the sponsoring outfitter is unavailable or if the applicant wishes to use the services of separate outfitters for hunting different species of game, an outfitter-sponsored license may be used with a substitute licensed outfitter, in compliance with the affirmations under subsection (4), upon advance written notification to the board by the sponsoring licensed outfitter or the substitute outfitter.
(6) The department shall make the reserved Class B-10 and Class B-11 licenses that remain unsold on April 15, except the licenses reserved for landowners pursuant to [section 1], available to nonresident applicants without restriction as to hunting with a licensed outfitter or resident sponsor.
(7) All Class B-10 and Class B-11 licenses that are not reserved under subsection (1) and all unsold reserved licenses that are available under subsection (6) must be issued by a drawing among all applicants for the respective unreserved licenses.
(8) Each application for a landowner Class B-10 license under [section 1(2)] must contain a written affirmation by the landowner applicant, on a form provided by the department, that the landowner will abide by the requirements of [section 1(2)(d)]."
Section 6. Section 87-2-512, MCA, is amended to read:
"87-2-512. (Temporary) Separation of Class B-7 license from Class B-10 license for deer management purposes -- disposition of license revenue. (1) The commission may by rule separate the Class B-7 license from the Class B-10 license and sell the separated Class B-7 license, giving a preference to any Class B-10 license holder to purchase one of the separated Class B-7 licenses. In the case of separated Class B-7 licenses that are not purchased by Class B-10 license holders, the commission, for purposes of sound deer management:
(a) may authorize the sale of not more than 5,000 Class B-7 licenses that have been separated from the Class B-10 licenses, as limited by 87-2-504;
(b) may, except for licenses set aside for landowner use under subsection (1)(h), authorize all or a portion of the separated Class B-7 licenses to be sold as Class B-11 combination licenses;
(c) shall set the fees for the separated licenses as follows:
(i) the fee for a Class B-10 license without the deer tag may not be more than the fee set in 87-2-505 for licenses in the general category and may not be more than the fee set by the commission for licenses in the outfitter-sponsored category as specified in 87-1-268; and
(ii) the fee for the separated Class B-11 licenses may not be more than the fees specified in 87-2-510 for licenses in the general and landowner-sponsored categories and may not be more than the fee set by the commission for licenses in the outfitter-sponsored category as specified in 87-1-268;
(d) may assign the separated Class B-7 or Class B-11 licenses for use in specific administrative regions, portions of administrative regions, hunting districts, or portions of hunting districts;
(e) may allocate a portion of the separated Class B-7 licenses that are not set aside for landowner use under subsection (1)(h) or Class B-11 licenses among the general and landowner-sponsored categories established in 87-2-510 and 87-2-511 but not count those licenses as part of the statutory quotas, with the Class B-7 licenses then subject to the requirements and procedures of 87-2-511;
(f) may, except for licenses set aside for landowner use under subsection (1)(h), allocate a portion of the separated Class
B-7 or Class B-11 licenses to the outfitter-sponsored category subject to the requirements and procedures of 87-2-511,
except that licenses in the outfitter-sponsored category may not comprise more than one-third of the licenses issued
pursuant to this section and the number issued, when added to the number of Class B-11 licenses issued under 87-1-268,
may not exceed 2,300 in any license year; and
(g) may condition the separated Class B-7 and Class B-11 licenses as appropriate and necessary to manage the harvest of deer, including restricting the use of a license to either mule deer or whitetail deer; and
(h) shall allocate 1,000 of the separated Class B-7 licenses to landowners for use by qualified nonresident hunters pursuant to [section 1(4)].
(2) The revenue from any Class B-11 licenses that have been separated from Class B-10 licenses must be deposited in the state special revenue account to the credit of the department and not allocated pursuant to other statutory requirements generally applicable to Class B-11 licenses. The revenue from Class B-10 licenses sold without a deer tag must be allocated in the same manner as revenue from Class B-10 licenses sold with a deer tag. (Terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)"
NEW SECTION. Section 7. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 87, chapter 2, and the provisions of Title 87, chapter 2, apply to [sections 1 and 2].
NEW SECTION. Section 8. Effective date. [This act] is effective March 1, 2002.
- END -
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