HOUSE BILL NO. 440

INTRODUCED BY M. BRAINARD, E. CLARK, P. BERGSAGEL, R. CLARK, J. COBB, D. HAINES, J. HOLDEN, R. JORE, S. KITZENBERG, J. SHOCKLEY, B. STORY, B. TASH, J. WITT

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT IF A BOARD OF COUNTY COMMISSIONERS DETERMINES THAT AN INCREASE IN PREDATOR POPULATIONS PRESENTS AN INCREASED THREAT TO LIVESTOCK, WILDLIFE, OR PUBLIC HEALTH, SAFETY, OR WELFARE IN THAT COUNTY, THE BOARD OF COUNTY COMMISSIONERS MAY DECLARE A "PREDATOR ALERT", IDENTIFYING THE PROBLEM PREDATOR SPECIES, AND SHALL NOTIFY THE FISH, WILDLIFE, AND PARKS COMMISSION OF THAT THREAT; REQUIRING THE FISH, WILDLIFE, AND PARKS COMMISSION, UPON NOTIFICATION, TO SUSPEND RESTRICTIONS, LICENSE REQUIREMENTS, AND BAG LIMITS ON THE TAKING OF THE PROBLEM PREDATOR SPECIES FOR A PERIOD NOT TO EXCEED 12 MONTHS, DURING WHICH TIME THE FISH, WILDLIFE, AND PARKS COMMISSION SHALL ANALYZE THE SITUATION IN THAT COUNTY; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

WHEREAS, the proliferation of predators in certain counties has created a threat to the public health, safety, or welfare and to livestock interests and wildlife in those counties; and

WHEREAS, the Legislature, while recognizing the general authority of the Fish, Wildlife, and Parks Commission to set seasons and bag limits, nevertheless finds it necessary to manage the numbers of predators in certain counties to mitigate the present and future threat in a timely manner.

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

NEW SECTION. Section 1. Open season on predator species in designated counties -- county notification of threat. (1) If the board of county commissioners of a county determines that the population of a predator species presents an increased threat to the public health, safety, or welfare, to livestock, or to wildlife in that county, the board of county commissioners may declare a "predator alert" and shall notify the commission of the threat. The commission shall, upon notification, suspend restrictions, license requirements, and bag limits applicable to the problem predator species identified in the notification for a period not to exceed 12 months during which time the commission shall analyze the situation in order to determine whether further corrective measures are needed.

(2) As used in this section, predator species include mountain lions and black bears .

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 87, chapter 3, part 3, and the provisions of Title 87, chapter 3, part 3, apply to [section 1].

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.

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