AN ACT ALLOWING THE FISH, WILDLIFE, AND PARKS COMMISSION TO SET THE NUMBER OF NONRESIDENT UPLAND GAME BIRD LICENSES SOLD IF CERTAIN CONDITIONS ARE MET; PROVIDING THAT THE LICENSES MAY BE AWARDED THROUGH A DRAWING; ALLOWING THE COMMISSION TO DEVELOP RULES FOR GROUP LICENSE APPLICATIONS; INCREASING THE LICENSE FEE TO $110; AMENDING SECTION 87-2-402, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE AND A TERMINATION DATE.

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

Section 1. Section 87-2-402, MCA, is amended to read:

"87-2-402. 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, upon payment of a fee of $110 may receive a Class B-1 license that entitles the holder 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 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 must still obtain the license required by this section."

Section 2. Effective date. [This act] is effective March 1, 2000.

Section 3. Termination. [This act] terminates January 1, 2003.

- END -

I hereby certify that the within bill,

HB 0478, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 478

INTRODUCED BY G. GOLIE, G. BECK, H. HARPER, E. FRANKLIN, A. BISHOP, K. MILLER, P. CLARK,

S. GALLUS, J. WELLS

AN ACT ALLOWING THE FISH, WILDLIFE, AND PARKS COMMISSION TO SET THE NUMBER OF NONRESIDENT UPLAND GAME BIRD LICENSES SOLD IF CERTAIN CONDITIONS ARE MET; PROVIDING THAT THE LICENSES MAY BE AWARDED THROUGH A DRAWING; ALLOWING THE COMMISSION TO DEVELOP RULES FOR GROUP LICENSE APPLICATIONS; INCREASING THE LICENSE FEE TO $110; AMENDING SECTION 87-2-402, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE AND A TERMINATION DATE.