HOUSE BILL NO. 267

INTRODUCED BY B. MOLNAR, S. KITZENBERG, D. MCGEE,

K. MILLER, B. RANEY, L. SOFT

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT CLASS B-7 NONRESIDENT DEER A TAGS MAY NOT BE SOLD SEPARATELY, BUT ONLY AS PART OF A CLASS B-10 OR CLASS B-11 NONRESIDENT COMBINATION LICENSE; PROVIDING THAT CLASS B-7 LICENSES THAT ARE SEPARATED FROM CLASS B-10 LICENSES MAY NOT BE SOLD SEPARATELY OR SOLD AS PART OF A CLASS B-11 COMBINATION LICENSE; AMENDING SECTIONS 87-1-242, 87-2-504, AND 87-2-512, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 87-1-242, MCA, is amended to read:

"87-1-242. (Temporary) Funding for wildlife habitat. (1) The amount of money specified in this subsection from the sale of each hunting license or permit listed must be used exclusively by the commission to secure, develop, and maintain wildlife habitat, subject to appropriation by the legislature.

(a) Class B-10, nonresident combination, $77;

(b) Nonresident antelope, $20;

(c) Nonresident moose, $20;

(d) Nonresident mountain goat, $20;

(e) Nonresident mountain sheep, $20;

(f) Class D-1, nonresident mountain lion, $20;

(g) Nonresident black bear, $20;

(h) Nonresident wild turkey, $10;

(i) Class AAA, sportsman's, $7;

(j) Class B-11 nonresident deer combination, $200.

(2) Twenty percent of any increase in the fee for a license or permit listed in subsection (1), except outfitter-sponsored Class B-10 and Class B-11 licenses subject to variable pricing under 87-1-268, must be allocated for use as provided in subsection (1).

(3) Eighty percent of the money allocated by this section, together with the interest and income from the money, must be used to secure wildlife habitat pursuant to 87-1-209.

(4) Twenty percent of the money allocated by this section must be used as follows:

(a) up to 50% a year may be used for development and maintenance of real property used for wildlife habitat; and

(b) the remainder and any money not allocated for development and maintenance under subsection (4)(a) by the end of each odd-numbered fiscal year must be credited to the account created by 87-1-601(5) for use in the manner prescribed for the development and maintenance of real property used for wildlife habitat. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)

87-1-242. (Effective October 1, 2001) Funding for wildlife habitat. (1) The amount of money specified in this subsection from the sale of each hunting license or permit listed must be used exclusively by the commission to secure, develop, and maintain wildlife habitat, subject to appropriation by the legislature.

(a) Class B-10, nonresident combination, $77;

(b) Nonresident antelope, $20;

(c) Nonresident moose, $20;

(d) Nonresident mountain goat, $20;

(e) Nonresident mountain sheep, $20;

(f) Class D-1, nonresident mountain lion, $20;

(g) Nonresident black bear, $20;

(h) Wild turkey nonresident, $10;

(i) Class AAA, sportsman's, $7;

(j) Class B-11 nonresident deer combination, $200.

(2) Twenty percent of any increase in the fee for a license or permit listed in subsection (1) must be allocated for use as provided in subsection (1).

(3) Eighty percent of the money allocated by this section, together with the interest and income from the money, must be used to secure wildlife habitat pursuant to 87-1-209.

(4)

Twenty percent of the money allocated by this section must be used as follows:

(a) up to 50% a year may be used for development and maintenance of real property used for wildlife habitat; and

(b) the remainder and any money not allocated for development and maintenance under subsection (4)(a) by the end of each odd-numbered fiscal year must be credited to the account created by 87-1-601(5) for use in the manner prescribed for the development and maintenance of real property used for wildlife habitat. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)"

Section 2. Section 87-2-504, MCA, is amended to read:

"87-2-504. (Temporary) Class B-7 and B-8--nonresident deer licenses. (1) (a) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued and is a holder of a nonresident conservation license may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase

a Class B-8 deer B tag for $75.

(b) The license entitles the holder to hunt the game animal authorized by the license and to possess the carcass of that animal as authorized by commission rules.

(2) A Class B-7 deer A tag may be purchased only as part of a Class B-10 or Class B-11 license. Purchase of a Class B-7 license as part of a Class B-10 or Class B-11 license entitles the holder to hunt the animal authorized by the Class B-7 license and to possess the carcass of that animal as authorized by department rules. When purchased as part of a Class B-10 or Class B-11 license, the Class B-7 license is valid throughout the state.

(3) The commission may prescribe the use of and set quotas for the sale of Class B-8 licenses by hunting districts, portions of a hunting district, groups of districts, or administrative regions. (Terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)

87-2-504. (Effective October 1, 2001) Class B-7 and B-8--nonresident deer licenses. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued and is a holder of a nonresident conservation license may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase a Class B-8 deer B tag for $50. The license entitles the holder to hunt the game animal authorized by the license and to possess the carcass of that animal as authorized by department rules.

(2) A Class B-7 deer A tag may be purchased only as part of a Class B-10 or Class B-11 license. Purchase of a Class B-7 license as part of a Class B-10 or Class B-11 license entitles the holder to hunt the animal authorized by the Class B-7 license and to possess the carcass of that animal as authorized by department rules. When purchased as part of a Class B-11 license, the Class B-7 license is valid throughout the state. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

87-2-504. (Effective March 1, 2006) Class B-7 and B-8--nonresident deer licenses. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued and is a holder of a nonresident conservation license may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase a Class B-8 deer B tag for $50. The license entitles the holder to hunt the game animal authorized by the license and to possess the carcass of that animal as authorized by department rules.

(2) A Class B-7 deer A tag may be purchased only as part of a Class B-10 or Class B-11 license. Purchase of a Class B-7 license as part of a Class B-10 or Class B-11 license entitles the holder to hunt the animal authorized by the Class B-7 license and to possess the carcass of that animal as authorized by department rules. When purchased as part of a Class B-11 license, the Class B-7 license is valid throughout the state."

Section 3. 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. The commission may by rule separate the Class B-7 license from the Class B-10 license . In the case of separated Class B-10 licenses, the commission, for purposes of sound deer management,

shall set the

fee for a Class B-10 license without the deer tag at not more than the fee set in 87-2-505 for licenses in the general category and at not more than the fee set by the commission for licenses in the outfitter-sponsored category as specified in 87-1-268

. 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. Class B-7 licenses that are separated from Class B-10 licenses pursuant to this section may not be sold as a separate license. (Terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)"

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.

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