SENATE BILL NO. 171

INTRODUCED BY MESAROS, TASH, ROSE, STOVALL, J. HOLDEN, MOHL, ELLIS, DEVLIN, L. TAYLOR, HANSON, HERTEL, CRISMORE, COLE, MCNUTT, GROSFIELD, T. BECK

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT LANDOWNER PERMISSION IS REQUIRED FOR ALL HUNTING ON PRIVATE PROPERTY; PROVIDING A PENALTY FOR A FIRST OFFENSE; REQUIRING THE COOPERATIVE DEVELOPMENT OF LAND OWNERSHIP MAPS TO ASSIST IN BOUNDARY IDENTIFICATION; AMENDING SECTION 87-3-304, MCA; AND PROVIDING AN EFFECTIVE DATE."

WHEREAS, the act of hunting on private land is a privilege and not a right; and

WHEREAS, it is common courtesy to ask permission before entering private property; and

WHEREAS, increased communication normally leads to less confrontation; and

WHEREAS, with increased hunting pressure placed on private land, it is essential to maintain good rapport between landowners and hunters.

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

Section 1. Section 87-3-304, MCA, is amended to read:

"87-3-304. Landowner's permission required for hunting -- penalty. (1) Every resident and nonresident must have obtained permission of the landowner, the lessee, or their agents before taking or attempting to take nongame wildlife or predatory animals or hunting on private property.

(2) Except for hunting big game animals on private property, a person who violates this section shall, upon conviction for a first offense, be fined an amount not to exceed $25."

NEW SECTION. Section 2. Development of maps identifying land ownership boundaries. In recognition of potential problems associated with identifying property boundaries in the field when seeking permission for hunting, the department shall work cooperatively with all state and federal land management agencies, state and local organizations representing hunters, state and local landowner organizations, and other interested persons to develop accurate land ownership maps that identify land ownership boundaries in the state.

NEW SECTION. Section 3. Codification instruction. [Section 2] 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 2].

NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 1999.

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