HOUSE BILL NO. 533

INTRODUCED BY S. GALLUS, G. BECK, R. CLARK, W. CRISMORE, B. EGGERS, T. FACEY, K. GALVIN-HALCRO, K. GILLAN, G. GOLIE, J. HARP, H. HARPER, D. HARRINGTON, C. HIBBARD, M. LINDEEN, J. MANGAN, L. MCCULLOCH, R. MENAHAN, B. PAVLOVICH, J. QUILICI, B. RANEY, P. SLITER, R. SOMERVILLE, C. WILLIAMS

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A YOUTH COMBINATION SPORTS LICENSE TO ALLOW A RESIDENT MINOR TO FISH AND HUNT UPLAND AND MIGRATORY GAME BIRDS, DEER, AND ELK; PROVIDING PENALTIES FOR AN ADULT WHO USES A YOUTH COMBINATION SPORTS LICENSE; ALLOWING A RESIDENT MINOR TO FISH AND HUNT UPLAND AND MIGRATORY GAME BIRDS WITH ONLY A CONSERVATION LICENSE; AMENDING SECTIONS 87-2-411 AND 87-2-805, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE AND A TERMINATION DATE."

WHEREAS, Montana's youth should be encouraged to take advantage of Montana's abundant outdoor recreational opportunities; and

WHEREAS, a person who learns early in life to fish and hunt responsibly and ethically is likely to continue that behavior throughout the person's life; and

WHEREAS, Montana's fishing and hunting heritage will be preserved for future generations as more youth are introduced to those sports; and

WHEREAS, providing an affordable combination license that allows a young person to fish and hunt upland game birds, deer, and elk will be an effective way to cultivate an appreciation for the state's wildlife resources among Montana's youth.

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

Section 1. Section 87-2-411, MCA, is amended to read:

"87-2-411. License required to hunt migratory game birds. It is unlawful for any person 16 years of age or older to hunt migratory game birds without first having obtained a valid migratory bird license from the department. The fee for the license is $5."

Section 2. Section 87-2-805, MCA, is amended to read:

"87-2-805. Persons under eighteen years of age -- youth combination sports license. (1) Resident minors who are 12 years of age or older and under 15 years of age may fish and may hunt upland game and migratory game birds during the open season with only a conservation license. Resident minors who are 15 years of age may hunt migratory game birds with only a conservation license. Resident minors who are under 12 years of age may fish without a license. A nonresident person under 15 years of age may not fish in or on any Montana waters without first having obtained a Class B or B-4 fishing license unless the nonresident person under 15 years of age is in the company of an adult in possession of a valid Montana fishing license. The limit of fish for the nonresident person and the accompanying adult combined may not exceed the limit for one adult as established by law or by rule of the department.

(2) A resident, as defined by 87-2-102, under 15 years of age may purchase Class A-3 and A-5 licenses at a price equal to one-half the fee paid by a resident who is 15 years of age or older and under 62 years of age.

(3) (a) A resident

who is 12 years of age or older and under 18 years of age may purchase a youth combination sports license at a price that, rounded to the nearest dollar, is 46% of the fee paid for the Class AAA combination sports license by a resident who is 18 years of age or older and under 62 years of age.

(b) The youth combination sports license includes:

(i) a conservation license;

(ii) a fishing license;

(iii) an upland game bird license;

(iv) an elk license; and

(v) a deer license.

(c) A resident who is 15 years of age or older and under 18 years of age may purchase a Class A fishing license at a price that is 50% of the fee paid by a resident who is 18 years of age or older and under 62 years of age.

(d) A resident who is 15 years of age or older and under 18 years of age may purchase a Class A-1 upland game bird license at 50% of the fee paid by a resident who is 18 years of age or older and under 62 years of age.

(e) A person who is 18 years of age or older who hunts or fishes using the youth combination sports license is guilty of a misdemeanor and shall be subject to any of the following penalties by the sentencing court:

(i) revocation of the person's hunting and fishing privileges for at least 5 years, revocation of the person's hunting and fishing privileges for more than 5 years, or revocation of the person's hunting and fishing privileges for life; and

(ii) a monetary fine of not less than $500 and not more than $5,000 in addition to the fine imposed on a person under this chapter for the specific hunting or fishing violation.

(f) This section does not prohibit a resident minor from purchasing any individual licenses for which the minor may be eligible under this chapter if the minor does not purchase the youth combination sports license."

NEW SECTION. Section 3. Effective date. [This act] is effective March 1, 2000.

NEW SECTION. Section 4. Termination. [This act] terminates February 29, 2002.

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