SENATE BILL NO. 431
INTRODUCED BY E. STONINGTON, P. CLARK, BISHOP
AN ACT TO CLARIFY THE LAW REGARDING THE REGULATION OF THE COMMERCIAL COLLECTION OF CERTAIN NONGAME WILDLIFE; DEFINING "COMMERCIAL PURPOSES"; PROVIDING THAT CERTAIN NONGAME WILDLIFE MAY NOT BE TAKEN FOR COMMERCIAL PURPOSES WITHOUT AUTHORIZATION BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS; PROVIDING EXCEPTIONS; AND AMENDING SECTION 87-5-102, MCA.
WHEREAS, the Legislature finds it desirable to regulate or manage the collection, harvest, possession, or transportation of nongame wildlife for commercial purposes.
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) "Commercial purposes" means the collection, harvest, possession, or transportation of a species or subspecies of nongame wildlife from the wild with the intent to barter, offer for sale, ship or transport for eventual sale, or sell the animal or any part of the animal.
(2)(3) "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)(4) "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)(5) "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 those levels. 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, 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)(6) "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.
(6)(7) "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)(8) "Person" means any an individual, firm, corporation, association, or partnership.
(8)(9) "Take" means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife.
(9)(10) "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. Limited taking of certain nongame wildlife for commercial purposes -- exceptions. (1) The following nongame wildlife may not be taken for commercial purposes, except as provided in subsections (3) and (4), without prior authorization of the department, subject to regulations adopted by the department:
(a) northern flying squirrel (Glaucomys sabrinus);
(b) pika (Ochotona princeps);
(c) pygmy rabbit (Brachylagus idahoensis);
(d) amphibians native to the state of Montana; and
(e) reptiles native to the state of Montana.
(2) The department may regulate the taking of nongame wildlife for commercial purposes. Regulations may establish limitations related to the taking, possession, transportation, exportation, processing, sale or offer for sale, and shipment of nongame wildlife that are considered necessary to manage nongame wildlife.
(3) The harvest of the prairie rattlesnake (Crotalus viridis) for commercial purposes may not be regulated under this section.
(4) This section does not prohibit:
(a) outfitting for the shooting of nongame wildlife;
(b) payment by a landowner to an individual for shooting or removing nongame wildlife; or
(c) the use of byproducts of nongame wildlife in fishing flies, jewelry, or other handicrafts.
Section 3. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 87, chapter 5, part 1, and the provisions of Title 87, chapter 5, part 1, apply to [section 2].
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