INTRODUCED
BY S. Berglee, R. Farris-Olsen
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS RELATED TO ROADSIDE MENAGERIES, WILDLIFE SANCTUARIES, AND ZOOS; AUTHORIZING THE PERMITTING OF WILDLIFE SANCTUARIES; AUTHORIZING PERMITS TO OBTAIN WILD ANIMALS; REVISING REVOCATION PROVISIONS; PROVIDING RULEMAKING AUTHORITY; PROVIDING FEES AND PENALTIES; PROVIDING DEFINITIONS; AND AMENDING SECTIONS 87-4-801, 87-4-802, 87-4-803, 87-4-804, 87-4-806, 87-5-709, 87-6-101, AND 87-6-715, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-4-801, MCA, is amended to read:
"87-4-801. Definitions. As used in this part unless the context requires otherwise, the following definitions apply:
(1) "Roadside menagerie" means any place where one or more wild animals, including birds, reptiles, and the like, are kept in captivity for the evident purpose of exhibition, or attracting trade, or other commercial purposes on or off the facility premises. It does not include the exhibition of any animal by an educational institution or by a traveling theatrical exhibition or circus based outside of Montana.
(2) "Wild animal" means an animal that is wild by nature as distinguished from the common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles.
(3) "Wild animal menagerie" means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition.
(4) "Wildlife sanctuary" means a facility organized as a Montana nonprofit corporation pursuant to Title 35, chapter 2, or in good standing with and accredited by the American sanctuary association or the global federation of animal sanctuaries for the purpose of providing homes for nonreleasable wild animals. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization.
(4)(5) "Zoo" means any zoological garden chartered as a nonprofit corporation by the state or any facility participating in in good standing with and accredited by the American zoo and aquarium association of zoos and aquariums or the zoological association of America accreditation program for the purpose of exhibiting wild animals for public viewing. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization."
Section 2. Section 87-4-802, MCA, is amended to read:
"87-4-802. Department regulations. The department shall adopt and enforce reasonable regulations for the housing, care, treatment, feeding, and sanitation of animals kept in roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos, for the protection of the public from injury by those animals, and for the licensing of roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos."
Section 3. Section 87-4-803, MCA, is amended to read:
"87-4-803. Permits. (1) The department may grant permits for roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos. Application for a permit must be made to the director on a form prescribed by the director. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25. Permits expire on December 31 but may be renewed upon payment of the annual fee and submission of a renewal application. This section does not apply to the United States, the state of Montana, or any county or city. A person who subscribes to any false statement in application for a permit is subject to the provisions of 87-6-715 and may be denied a permit.
(2) (a) A permit application for a roadside menagerie must include:
(i) the applicant's name and address;
(ii) the exact location of the facility;
(iii) a list of species and the number of animals to be held in the facility;
(iv) the type of facility contemplated, including cage specifications;
(v) a copy of all required federal permits for exhibition of wild animals; and
(vi) a copy of a liability insurance policy to cover bodily injury or property damage.
(b) A permit application for a wild animal menagerie must include:
(i) the applicant's name and address;
(ii) the exact location of the facility, together with the nature of the applicant's title to the land, whether in fee, under lease, by contract for deed, or otherwise;
(iii) a list of species and the number of animals to be held in the facility;
(iv) the type of facility contemplated, including cage specifications; and
(v) information demonstrating that the applicant is responsible.
(c) A permit application for a wildlife sanctuary or a zoo must include:
(i) the applicant's name and address;
(ii) the exact location of the facility;
(iii) a copy of the nonprofit corporation documents approved by the secretary of state's office;
(iv) a copy of the required federal permits for exhibition of wild animals; and
(v) if applicable, a copy of the American zoo and aquarium association of zoos and aquariums, the zoological association of America, the American sanctuary association, or the global federation of animal sanctuaries accreditation program specific to the facility.
(3) Renewal applications for roadside menageries and wild animal menageries must include an accounting of all wild animals on the facility.
(4) A permit may not be granted by the department until it has satisfactorily verified that the provisions for housing and caring for the animals and for protecting the public are proper and adequate and in accordance with the standards established by the department.
(5) A permit is not transferable to another person."
Section 4. Section 87-4-804, MCA, is amended to read:
"87-4-804. Permit to obtain wild animals. (1) It is unlawful to obtain healthy wild animals for a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo by capture from the wild or by purchase except as authorized that the capture and holding of injured wildlife or wildlife deemed nonreleasable by the department and the United States fish and wildlife service due to injury, human conflict, or seizure is permissible in accordance with the terms of a permit issued pursuant to this section.
(2) Application for a capture permit may be made only by a wildlife sanctuary or a zoo and must be made to the director on a form prescribed by the director. After investigation by the department, the director may issue a capture permit without charge if the director finds:
(a) that all provisions of this part and of the department regulations are complied with by the applicant; and
(b) that the number and species of wildlife desired is not excessive under the circumstances.
(3) If wild animals are to be obtained by capture for use in a wildlife sanctuary or zoos a zoo, the permit must designate the number and the means of capture, but ownership of the wild animals captured shall must remain in the state of Montana.
(4) Roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos may obtain captive-bred wild animals from a licensed zoo, menagerie, alternative livestock ranch, fur farm, game bird farm, wildlife sanctuary, or animal rehabilitation center.
(5) Wild animals may be bought, sold, or transferred under regulations that the department prescribes.
(6) The number of wild animals in a wild animal menagerie may not exceed 10."
Section 5. Section 87-4-806, MCA, is amended to read:
"87-4-806. Inspection, permit revocation, and redemption of wildlife. All A roadside menageries menagerie, wild animal menageries menagerie, wildlife sanctuary, and zoos or zoo and all equipment used in connection with any a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo must be open to inspection at all reasonable hours. If upon inspection it is found that the roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo is not being operated in accordance with this part or with the department regulations, the director shall may revoke the permit without right of renewal. and If a permit is revoked, the department shall redeem take possession of all wildlife obtained by capture or unlawful propagation."
Section 6. Section 87-5-709, MCA, is amended to read:
"87-5-709. Exceptions and exemptions to possession and sale of exotic wildlife. (1) Sections 87-5-705 through 87-5-708 and this section do not apply to:
(a) institutions that have established that their proposed facilities are adequate to provide secure confinement of wildlife, including:
(i) an accredited zoological garden or wildlife sanctuary chartered by the state as a nonprofit corporation;
(ii) a roadside menagerie permitted under 87-4-803 that was established for the purpose of exhibition or attracting trade;
(iii) a research facility for testing and science that employs individuals licensed under 37-34-301 or that submits evidence to the department that it meets animal testing standards as provided by the national institutes of health, the national science foundation, the centers for disease control and prevention, the United States department of agriculture, or another similar nationally recognized and approved testing standard; or
(b) domestic animals.
(2) Authorization for possession must be provided by the department for exotic wildlife possessed as of January 1, 2004, and the authorization may include any conditions and restrictions necessary to minimize risks."
Section 7. Section 87-6-101, MCA, is amended to read:
"87-6-101. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Alternative livestock" means a privately owned caribou, white-tailed deer, mule deer, elk, moose, antelope, mountain sheep, or mountain goat indigenous to the state of Montana, a privately owned reindeer, or any other cloven-hoofed ungulate as classified by the department. Black bear and mountain lion must be regulated pursuant to Title 87, chapter 4, part 8.
(2) "Alternative livestock ranch" means the enclosed land area upon which alternative livestock may be kept for purposes of obtaining, rearing in captivity, keeping, or selling alternative livestock or parts of alternative livestock, as authorized under Title 87, chapter 4, part 4.
(3) (a) "Bait" means any animal matter, vegetable matter, or natural or artificial scent placed in an area inhabited by wildlife for the purpose of attracting game animals or game birds.
(b) The term does not include:
(i) decoys, silhouettes, or other replicas of wildlife body forms;
(ii) scents used only to mask human odor; or
(iii) types of scents that are approved by the commission for attracting game animals or game birds.
(4) "Closed season" means the time during which game birds, fish, game animals, and fur-bearing animals may not be lawfully taken.
(5) "Cloven-hoofed ungulate" means an animal of the order Artiodactyla, except a member of the families Suidae, Camelidae, or Hippopotamidae. The term does not include domestic pigs, domestic cows, domestic yaks, domestic sheep, domestic goats that are not naturally occurring in the wild in their country of origin, or bison.
(6) "Conviction" means a judgment or sentence entered following a guilty plea, a nolo contendere plea, a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury, or a forfeiture of bail or collateral deposited to secure the person's appearance in court that has not been vacated.
(7) "Field trial" has the meaning provided in 87-3-601.
(8) "Fishing" means to take or harvest fish or the act of a person possessing any instrument, article, or substance for the purpose of taking or harvesting fish in any location that a fish might inhabit.
(9) (a) "Fur dealer" means a person engaging in, carrying on, or conducting wholly or in part the business of buying or selling, trading, or dealing within the state of Montana in the skins or pelts of fur-bearing animals or predatory animals.
(b) If a fur dealer resides in Montana or if the fur dealer's principal place of business is within the state of Montana, the fur dealer is considered a resident fur dealer. All other fur dealers are considered nonresident fur dealers.
(10) "Fur farm" means enclosed land upon which furbearers are kept for purposes of obtaining, rearing in captivity, keeping, and selling furbearers or parts of furbearers.
(11) (a) "Fur-bearing animal" or "furbearer" means marten or sable, otter, muskrat, fisher, mink, bobcat, lynx, wolverine, northern swift fox, and beaver.
(b) As used in Title 87, chapter 4, part 10, "furbearer" does not include fox or mink.
(12) "Game animal" means deer, elk, moose, antelope, caribou, mountain sheep, mountain goat, mountain lion, bear, and wild buffalo.
(13) "Game fish" means all species of the family Salmonidae (chars, trout, salmon, grayling, and whitefish); all species of the genus Stizostedion (sandpike or sauger and walleyed pike or yellowpike perch); all species of the genus Esox (northern pike, pickerel, and muskellunge); all species of the genus Micropterus (bass); all species of the genus Polyodon (paddlefish); all species of the family Acipenseridae (sturgeon); all species of the genus Lota (burbot or ling); the species Perca flavescens (yellow perch); all species of the genus Pomoxis (crappie); and the species Ictalurus punctatus (channel catfish).
(14) "Hunt" means to pursue, shoot, wound, take, harvest, kill, chase, lure, possess, or capture or the act of a person possessing a weapon, as defined in 45-2-101, or using a dog or a bird of prey for the purpose of shooting, wounding, taking, harvesting, killing, possessing, or capturing wildlife protected by the laws of this state in any location that wildlife may inhabit, whether or not the wildlife is then or subsequently taken. The term includes an attempt to take or harvest by any means, including but not limited to pursuing, shooting, wounding, killing, chasing, luring, possessing, or capturing.
(15) "Knowingly" has the meaning provided in 45-2-101.
(16) "Livestock" includes ostriches, rheas, and emus.
(17) "Migratory game bird" means waterfowl, including wild ducks, wild geese, brant, and swans; cranes, including little brown and sandhill; rails, including coots; Wilson's snipes or jacksnipes; and mourning doves.
(18) "Negligently" has the meaning provided in 45-2-101.
(19) "Nongame wildlife" means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other animal not otherwise legally classified by statute or regulation of this state.
(20) "Open season" means the time during which game birds, fish, and game and fur-bearing animals may be lawfully taken.
(21) "Participating state" means any state that enacts legislation to become a member of the Interstate Wildlife Violator Compact.
(22) "Person" means an individual, association, partnership, and corporation.
(23) "Possession" has the meaning provided in 45-2-101.
(24) "Predatory animal" means coyote, weasel, skunk, and civet cat.
(25) "Purposely" has the meaning provided in 45-2-101.
(26) "Raptor" means all birds of the orders Falconiformes and Strigiformes, commonly called falcons, hawks, eagles, ospreys, and owls.
(27) "Resident" has the meaning provided in 87-2-102.
(28) "Roadside menagerie" means any place where one or more wild animals are kept in captivity for the evident purpose of exhibition or attracting trade, on or off the facility premises. It does not include the exhibition of any animal by an educational institution or by a traveling theatrical exhibition or circus based outside of Montana.
(29) "Sale" means a contract by which a person:
(a) transfers an interest in either game or fish for a price; or
(b) transfers, barters, or exchanges an interest either in game or fish for an article or thing of value.
(30) "Site of the kill" means the location where a game animal or game bird expires and the person responsible for the death takes physical possession of the carcass.
(31) "Supplemental feed attractant" means any food, garbage, or other attractant for game animals. The term does not include growing plants or plants harvested for the feeding of livestock.
(32) "Taxidermist" means a person who conducts a business for the purpose of mounting, preserving, or preparing all or part of the dead bodies of any wildlife.
(33) "Trap" means to take or harvest or participate in the taking or harvesting of any wildlife protected by state law by setting or placing any mechanical device, snare, deadfall, pit, or device intended to take wildlife or to remove wildlife from any of these devices.
(34) "Upland game birds" means sharptailed grouse, blue grouse, spruce (Franklin) grouse, prairie chicken, sage hen or sage grouse, ruffed grouse, ring-necked pheasant, Hungarian partridge, ptarmigan, wild turkey, and chukar partridge.
(35) "Wild animal" means an animal that is wild by nature as distinguished from common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles.
(36) "Wild animal menagerie" means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats, are kept in captivity for use other than public exhibition.
(37) "Wild buffalo" means buffalo or bison that have not been reduced to captivity.
(38) "Wildlife sanctuary" means a facility organized as a Montana nonprofit corporation pursuant to Title 35, chapter 2, or in good standing with and accredited by the American sanctuary association or the global federation of animal sanctuaries for the purpose of providing homes for nonreleasable wild animals. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization.
(38)(39) "Zoo" means any zoological garden chartered as a nonprofit corporation by the state or any facility participating in in good standing with and accredited by the American zoo and aquarium association of zoos and aquariums or the zoological association of America accreditation program for the purpose of exhibiting wild animals for public viewing. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization."
Section 8. Section 87-6-715, MCA, is amended to read:
"87-6-715. Menagerie, sanctuary, and zoo offenses. (1) A person may not:
(a) operate a roadside menagerie or wild animal menagerie without a permit obtained pursuant to 87-4-803;
(b) subscribe to any false statement in an application for a permit; or
(c) obtain wild animals for a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo by capture from the wild or by purchase except in accordance with 87-4-804.
(2) A person convicted of a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 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, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court."