HOUSE BILL NO. 491

INTRODUCED BY P. CLARK

A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING FEE SHOOTING ON GAME FARMS; PROHIBITING THE USE OF CERTAIN LANGUAGE IN GAME FARM ADVERTISING; AND AMENDING SECTION 87-4-414, MCA."

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

Section 1. Section 87-4-414, MCA, is amended to read:

"87-4-414. Game farm animals as private property -- source -- marking. (1) All game farm animals lawfully possessed on a licensed game farm are private property for which the licensee is responsible as provided by law.

(2)(a) Except as provided in subsection (2)(b), a game farm licensee may acquire, breed, grow, keep, pursue, handle, harvest, use, sell, or dispose of the game farm animals and their progeny in any quantity and at any time of year as long as the licensee complies with the requirements of this part.

(b) A game farm licensee may not charge or accept a fee or other valuable consideration for allowing the shooting of a game farm animal as a trophy. Any language usually associated with or that refers to fair chase hunting may not be used in any game farm advertising.

(3) A licensee shall mark each game farm animal in a manner approved by the department of livestock, as required under subsection (4), and that indicates ownership and provides individual identification of animals for inspection, transportation, reporting, and taxation purposes.

(4) The department of livestock is responsible for the control, tracking, and distribution of identification tags used for the marking of game farm animals. The department of livestock shall require that all imported game farm animals are marked within 30 days of importation and that all other game farm animals are marked prior to January 1 of each year. Each game farm animal must be marked with identification that:

(a) is unique to the animal;

(b) is nontransferable;

(c) has an emblem owned and registered by the department of livestock that is embossed on each identification tag; and

(d) allows for the identification of game farm animals from a distance.

(5) Upon the request of a licensee, the department of livestock may grant a temporary waiver as to the time for identification and to the manner of identification if necessary to address a special circumstance.

(6) Game farm animals must be lawfully acquired by the licensee. A game farm animal may be kept only on a licensed game farm. A licensee who keeps a game farm animal owned by, leased to, or leased from another person shall comply with all of the requirements of this part as if the animal belonged to the licensee. Records and reports submitted by the licensee pursuant to 87-4-417 must identify any game farm animal kept by the licensee during the reporting period and the name and address of the owner or lessee.

(7) Except for importation permits and health certificates required under 81-2-703, laws applicable to game animals do not apply to game farm animals raised on a licensed game farm."

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