SENATE BILL NO. 338

INTRODUCED BY K. MESAROS, J. HERTEL, E. SWANSON, C. HIBBARD

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE HUNTER MANAGEMENT AND HUNTING ACCESS ENHANCEMENT MANAGEMENT PROGRAMS; EXTENDING THE TERMINATION DATE REGARDING THOSE PROGRAMS AND EXTENDING THE MORATORIUM ON LICENSING OF NEW OUTFITTERS; CAPPING THE NUMBER OF AVAILABLE LAND-BASED HUNTING OUTFITTER LICENSES; REVISING THE ADVISORY AUTHORITY OF THE PROGRAM REVIEW COMMITTEE; REQUIRING PAYMENT OF THE SAME ANNUAL LICENSE FEE BY BOTH ACTIVE AND INACTIVE OUTFITTERS; REDUCING THE NUMBER OF NONRESIDENTS THAT A PARTICIPATING LANDOWNER MAY SPONSOR FOR CLASS B-11 LANDOWNER-SPONSORED DEER COMBINATION LICENSES; ESTABLISHING SIX KINDS OF WILDLIFE CONSERVATION LICENSES AND SETTING FEES FOR THOSE LICENSES; INCREASING THE COST OF NONRESIDENT UPLAND GAME BIRD LICENSES; PROVIDING THAT REVENUE FROM THE VARIOUS FEE INCREASES BE USED BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO ENCOURAGE PUBLIC ACCESS TO PRIVATE LANDS FOR HUNTING PURPOSES AND TO SUPPORT FISHERIES HABITAT PROGRAMS; AMENDING SECTIONS 37-47-302, 37-47-304, 37-47-306, 37-47-315, 87-1-269, 87-2-202, 87-2-304, 87-2-308, 87-2-401, 87-2-402, 87-2-403, 87-2-504, 87-2-505, 87-2-510, 87-2-511, 87-2-701, 87-2-801, 87-2-803, AND 87-2-805, MCA; AMENDING SECTION 18, CHAPTER 459, LAWS OF 1995; PROVIDING CONTINGENT VOIDNESS PROVISIONS; PROVIDING A TERMINATION DATE; AND PROVIDING EFFECTIVE DATES."

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

Section 1. Section 37-47-302, MCA, is amended to read:

"37-47-302. Outfitter's qualifications. An applicant for an outfitter's license or renewal of a license must meet the following qualifications:

(1) be 18 years of age or older, be physically capable and mentally competent to perform the duties of an outfitter, and meet experience, training, and testing requirements as prescribed by board rule;

(2) own or hold under written lease or represent a company, corporation, or partnership who owns or holds under written lease the equipment and facilities that are necessary to provide the services advertised, contracted for, or agreed upon between the outfitter and the outfitter's clients (all equipment and facilities are subject to inspection at all reasonable times and places by the board or its designated agent);

(3) have demonstrated a respect for and compliance with the laws of any state or of the United States and all rules promulgated under those laws related to fish and game, conservation of natural resources, and preservation of the natural ecosystem without pollution of the ecosystem;

(4) have not, at any time, practiced fraud, deception, or material misrepresentation in procuring any previous outfitter's, guide's, professional guide's, or wildlife conservation license from the state of Montana;

(5) have not, at any time, promulgated any false or misleading advertising relating to the business of outfitting."

Section 2. Section 37-47-304, MCA, is amended to read:

"37-47-304. Application. (1) Each applicant for an outfitter's, guide's, or professional guide's license shall make application for license on a form prescribed and furnished by the board.

(2) The application for an outfitter's license forms the basis for the outfitter's operations plan and must include:

(a) the applicant's full name, residence, address, wildlife conservation license number, driver's license number, birth date, physical description, and telephone number;

(b) the address of the applicant's principal place of business in the state of Montana;

(c) the amount and kind of property and equipment owned and used in the outfitting business of the applicant;

(d) the experience of the applicant, including years of experience as an outfitter, guide, or professional guide; the applicant's knowledge of areas in which the applicant has operated and intends to operate; and the applicant's ability to cope with weather conditions and terrain;

(e) a signed statement of the licensed outfitter for each guide and professional guide to be employed or retained as an independent contractor stating that the guide or professional guide is to be employed by the outfitter and stating that the outfitter recommends the guide or professional guide for licensure;

(f) an affidavit by the outfitter to the board that the equipment listed on the application is in fact owned or leased by the applicant, is in good operating condition, and is sufficient and satisfactory for the services advertised or contemplated to be performed by the applicant;

(g) a statement of the maximum number of participants to be accompanied at any one time;

(h) the written approval of the appropriate agency or landowner on whose lands the applicant will provide services or establish hunting camps; and

(i) the boundaries of the proposed operation, stating when applicable:

(i) the name and portion of river;

(ii) the county of location;

(iii) the legal owner of the property;

(iv) the name of the ranch;

(v) the proposed service, including the type of game sought;

(vi) the name of the agency granting use authority; and

(vii) other means of identifying boundaries as established by board rule.

(3) Applications for an outfitter's license must be in the name of an individual person only. Applications involving corporations, proprietorships, or partnerships must be made by one individual person who qualifies under the provisions of this part. A license issued pursuant to this part must be in the name of that person. The license must specifically state that the license is issued for the use and benefit of the named corporation, proprietorship, or partnership involved. Any revocation or suspension of a license is binding upon the individual person and the corporation, proprietorship, or partnership for the use and benefit of which the license was originally issued.

(4) Application must be made to and filed with the board.

(5) Only one application for an outfitter's license may be made in any license year. If an application is denied, subsequent applications by the same applicant for the license year involved are void, except as provided in 37-47-308."

Section 3. Section 37-47-306, MCA, is amended to read:

"37-47-306. Fees. (1) The board shall establish fees commensurate with costs as provided in 37-1-134.

(2) Applications must be accompanied by a license fee as specified by board rule.

(3) If a nonresident resides in a state requiring residents of the state of Montana to pay in excess of the amount established by the board for a similar license, the fee for the nonresident outfitter's, guide's, or professional guide's license must be the same amount as the higher fee charged in the state where the nonresident resides.

(4) Active and inactive outfitters are required to pay the same annual license fee.

(5) The license fees must be deposited in the state special revenue fund and must be used by the board to investigate the applicant, to enforce this part, and for administrative costs, subject to 37-1-101(6)."

Section 4. Section 37-47-315, MCA, is amended to read:

"37-47-315. (Temporary) Moratorium on issuance of hunting outfitter licenses. The legislature finds it necessary to protect the hunting resource, public health, public safety, and public welfare. Therefore, the board shall establish and regulate a moratorium on the issuance of outfitter licenses for land-based hunting activities. An outfitter licensed on April 14, 1995, may receive a renewal license, if qualified, but the total number of land-based hunting outfitter licenses may not exceed 543. (Terminates June 30, 1999--sec. 18, Ch. 459, L. 1995.)"

Section 5. Section 87-1-269, MCA, is amended to read:

"87-1-269. (Temporary) Report required -- review committee. (1) The governor shall appoint a committee of persons interested in issues related to hunters, landowners, and outfitters, including but not limited to the hunting access enhancement program, landowner-hunter relations, outfitting industry issues, and other issues related to private lands and public wildlife . The committee must have broad representation of landowners, outfitters, and sportspersons. The department may provide administrative assistance as necessary to assist the review committee.

(2) The review committee shall report to the governor regarding the success of various elements of the hunting access enhancement program, and make suggestions for funding, modification, or improvement needed to achieve the objectives of the program.

(3) The director may appoint additional advisory committees that are considered necessary to assist in the implementation of the hunting access enhancement program and to advise the commission regarding the development of rules implementing the hunting access enhancement program. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)"

Section 6. Section 87-2-202, MCA, is amended to read:

"87-2-202. Application -- fee -- expiration. (1) A wildlife conservation license must be sold upon written application. The application must contain the applicant's name, age, occupation, street address of permanent residence, mailing address, qualifying length of time as a resident in the state of Montana, and status as a citizen of the United States or as an alien and must be signed by the applicant. The application must specify the type of wildlife conservation license to which it applies, whether for fishing only, hunting only, or combination fishing and hunting. The applicant shall present a valid Montana driver's license, a Montana driver's examiner's identification card, or other identification specified by the department to substantiate the required information when applying for a wildlife conservation license. It is the applicant's burden to provide documentation establishing the applicant's identity and qualifications to purchase a wildlife conservation license. It is unlawful and a misdemeanor for a license agent to sell a wildlife conservation license to an applicant who fails to produce the required identification at the time of application for licensure.

(2) Hunting, fishing, or trapping licenses issued in a form determined by the department must be recorded according to rules that the department may prescribe.

(3) (a) Resident fishing only wildlife conservation licenses may be purchased for a fee of $4. Except as provided in subsection (3)(c), purchase of a resident fishing only wildlife conservation license is a required prerequisite to obtaining a resident fishing license.

(b) Resident hunting only wildlife conservation licenses may be purchased for a fee of $4 [$5]. Except as provided in subsection (3)(c), purchase of a resident hunting only wildlife conservation license is a required prerequisite to obtaining a resident hunting or trapping license.

(c) Resident combination fishing and hunting wildlife conservation licenses may be purchased for a fee of $4 [$8]. Purchase of a resident combination fishing and hunting wildlife conservation license meets the required prerequisite for obtaining a resident fishing, hunting, or trapping license.

(4) (a) Nonresident fishing only wildlife conservation licenses may be purchased for a fee of $5. Except as provided in subsection (4)(c), purchase of a nonresident fishing only wildlife conservation license is a required prerequisite to obtaining a nonresident fishing license.

(b) Nonresident hunting only wildlife conservation licenses may be purchased for a fee of $10. Except as provided in subsection (4)(c), purchase of a nonresident hunting only wildlife conservation license is a required prerequisite to obtaining a nonresident hunting or trapping license.

(c) Nonresident combination fishing and hunting wildlife conservation licenses may be purchased for a fee of $15. Purchase of a nonresident combination fishing and hunting wildlife conservation license meets the required prerequisite for obtaining a nonresident fishing, hunting, or trapping license.

(5) Licenses issued are void after the last day of February next succeeding their issuance."

Section 7. Section 87-2-304, MCA, is amended to read:

"87-2-304. Class B-4--two-day nonresident fishing license. Any person not a resident, as defined in 87-2-102, who is a holder of a valid nonresident fishing only wildlife conservation license or nonresident combination fishing and hunting wildlife conservation license, upon payment of the sum of $10 to any agent of the department authorized to issue fishing and hunting licenses, shall be entitled to a 2-day nonresident fishing license which shall authorize the holder to fish with hook and line, as prescribed by rules and regulations of the department, for 2 calendar days as indicated on the license."

Section 8. Section 87-2-308, MCA, is amended to read:

"87-2-308. Class A-8--resident temporary fishing license. (1) Any resident, as defined in 87-2-102, who is a holder of a valid resident fishing only wildlife conservation license or resident combination fishing and hunting wildlife conservation license is entitled to a resident temporary fishing license authorizing the holder to fish with hook and line in designated waters, for a period of time determined by the commission and indicated on the license, upon payment to any agent of the department authorized to issue fishing licenses of the amount determined by the commission. Cost of the license and length of time for which the license is effective must be set:

(a) at an amount that is less than the Class A resident fishing license; and

(b) at an amount and for a length of time that the commission determines will serve at a reasonable price the needs of residents who fish occasionally.

(2) Terms and conditions of the license must be prescribed by rules of the commission."

Section 9. Section 87-2-401, MCA, is amended to read:

"87-2-401. Class A-1--resident upland game bird license. Except as otherwise provided, a resident, as defined by 87-2-102, who is 12 years of age or older may, upon payment of a fee of $6 [$10], receive a Class A-1 license that entitles the holder to hunt upland game birds and possess the carcasses of upland game birds as authorized by department rules."

Section 10. Section 87-2-402, MCA, is amended to read:

"87-2-402. Class B-1--nonresident upland game bird license. 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 $90 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."

Section 11. Section 87-2-403, MCA, is amended to read:

"87-2-403. (Temporary) Wild turkey tags and fee. (1) The department may issue wild turkey tags to the holder of a valid Class A-1 or Class B-1 license or as set out in subsection (3). Each tag entitles the holder to hunt one wild turkey and possess the carcass of the turkey, during times and places that the commission authorizes an open season on wild turkey.

(2) The fee for a wild turkey tag is $4 beginning March 1, 1992, and $5 beginning March 1, 1994, for residents and $13 for nonresidents. Turkey tags must be issued either by a drawing system or in unlimited number as authorized by department rules.

(3) Subject to the provisions of subsection (2), a person who is 62 years of age or older as provided in 87-2-801, certified as disabled under 87-2-803, or a resident minor as described in 87-2-805 may purchase a wild turkey tag upon presentation of that person's hunting only wildlife conservation license or combination fishing and hunting wildlife conservation license. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

87-2-403. (Effective March 1, 2006) Wild turkey tags and fee. (1) The department may issue wild turkey tags to the holder of a valid Class A-1 or Class B-1 license or as set out in subsection (3). Each tag entitles the holder to hunt one wild turkey and possess the carcass of the turkey, during times and places that the commission authorizes an open season on wild turkey.

(2) The fee for a wild turkey tag is $5. Turkey tags must be issued either by a drawing system or in unlimited number as authorized by department rules.

(3) Subject to the provisions of subsection (2), a person who is 62 years of age or older as provided in 87-2-801, certified as disabled under 87-2-803, or a resident minor as described in 87-2-805 may purchase a wild turkey tag upon presentation of that person's hunting only wildlife conservation license or combination fishing and hunting wildlife conservation license."

Section 12. Section 87-2-504, MCA, is amended to read:

"87-2-504. (Temporary) Class B-7 and B-8--nonresident deer licenses. (1) (a) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued and is a holder of a nonresident hunting only wildlife conservation license or nonresident combination fishing and hunting wildlife conservation license may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase one each of the following licenses:

(i) Class B-7, deer A tag, $175;

(ii) Class B-8, deer B tag, $75.

(b) The license entitles the holder to hunt the game animal or animals authorized by the license and to possess the carcasses of those animals as authorized by commission rules.

(2) Unless purchased as part of a Class B-10 or Class B-11 license, a Class B-7 license may be assigned for use in a specific administrative region or regions or a portion of a specific administrative region or regions or in a specific hunting district or districts or a portion of a specific hunting district or districts. If purchased as part of a Class B-10 or Class B-11 license, the Class B-7 license is valid throughout the state, except as provided in 87-2-512(1)(d). Not more than 5,000 Class B-7 licenses may be sold in any license year.

(3) The commission may prescribe the use of and set quotas for the sale of Class B-8 licenses by hunting districts, portions of a hunting district, groups of districts, or administrative regions. (Terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)

87-2-504. (Effective October 1, 2001) Class B-7 and B-8--nonresident deer licenses. Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued and is a holder of a nonresident hunting only wildlife conservation license or nonresident combination fishing and hunting wildlife conservation license may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase one each of the following licenses: Class B-7, deer A tag, $150; Class B-8, deer B tag, $50; and will entitle the holder to hunt the game animal or animals authorized by the license held and to possess the carcasses of those animals as authorized by department rules. Unless purchased as part of a B-10 or B-11 license, a Class B-7 license must be assigned for use in a specific administrative region or portion of a specific administrative region. If purchased as part of a Class B-11 license, the Class B-7 license is valid throughout the state. Not more than 5,000 Class B-7 licenses may be sold in any license year. Money received from the sale of Class B-7 licenses in excess of 1,700 must be used as provided in 87-1-242(1). (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

87-2-504. (Effective March 1, 2006) Class B-7 and B-8--nonresident deer licenses. Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued and is a holder of a nonresident hunting only wildlife conservation license or nonresident combination fishing and hunting wildlife conservation license may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase one each of the following licenses: Class B-7, deer A tag, $100; Class B-8, deer B tag, $50; and will entitle the holder to hunt the game animal or animals authorized by the license held and to possess the carcasses of those animals as authorized by department rules. Unless purchased as part of a B-10 or B-11 license, a Class B-7 license must be assigned for use in a specific administrative region or portion of a specific administrative region. If purchased as part of a Class B-11 license, the Class B-7 license is valid throughout the state."

Section 13. Section 87-2-505, MCA, is amended to read:

"87-2-505. (Temporary) Class B-10--nonresident big game combination license. Except as otherwise provided in this chapter, a person not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued may, upon payment of the fee of $475 or upon payment of the fee established as provided in 87-1-268 if the license is one of the licenses reserved pursuant to 87-2-511 for applicants indicating their intent to use the services of a licensed outfitter and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a B-10 nonresident big game combination license that entitles the holder to all the privileges of Class B, Class B-1, and Class B-7 licenses and an elk tag. This license includes the nonresident combination fishing and hunting wildlife conservation license as prescribed in 87-2-202. Not more than 11,500 unreserved Class B-10 licenses may be sold in any 1 license year. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)

87-2-505. (Effective October 1, 2001) Class B-10--nonresident big game combination license. Except as otherwise provided in this chapter, a person not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued may, upon payment of the fee of $462 beginning March 1, 1992, and $475 beginning March 1, 1994, or upon payment of the fee of $472 beginning March 1, 1992, and $485 beginning March 1, 1994, if the license is one of the 5,600 licenses reserved pursuant to 87-2-511 for applicants indicating their intent to use the services of a licensed outfitter and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a B-10 nonresident big game combination license which shall entitle the holder to all the privileges of Class B, Class B-1, and Class B-7 licenses, and an elk tag. This license includes the nonresident combination fishing and hunting wildlife conservation license as prescribed in 87-2-202. Not more than 17,000 Class B-10 licenses may be sold in any one license year. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

87-2-505. (Effective March 1, 2006) Class B-10--nonresident big game combination license. Except as otherwise provided in this chapter, a person not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued may, upon payment of the fee of $398 or upon payment of the fee of $408 if the license is one of the 5,600 licenses reserved pursuant to 87-2-511 for applicants indicating their intent to use the services of a licensed outfitter and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a B-10 nonresident big game combination license which shall entitle the holder to all the privileges of Class B, Class B-1, and Class B-7 licenses, and an elk tag. This license includes the nonresident combination fishing and hunting wildlife conservation license as prescribed in 87-2-202. Not more than 17,000 Class B-10 licenses may be sold in any one license year."

Section 14. Section 87-2-510, MCA, is amended to read:

"87-2-510. (Temporary) Class B-11--nonresident deer combination license. (1) Except as otherwise provided in this chapter, a person not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued may, upon payment of a fee of $245 or upon payment of the fee established as provided in 87-1-268 if the license is one of those reserved pursuant to 87-2-511 for applicants indicating their intent to use the services of a licensed outfitter or upon payment of the fee of $250 if the license is one of those reserved pursuant to 87-2-511 for applicants indicating their intent to hunt with a resident sponsor on land owned by that sponsor and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles the holder to all the privileges of the Class B, Class B-1, and Class B-7 licenses. This license includes the nonresident combination fishing and hunting wildlife conservation license as prescribed in 87-2-202.

(2) Not more than 2,300 unreserved Class B-11 licenses may be sold in any 1 license year. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)

87-2-510. (Effective October 1, 2001) Class B-11--nonresident deer combination license. (1) Except as otherwise provided in this chapter, a person not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued may, upon payment of a fee of $245 or upon payment of the fee of $250 if the license is one of the 4,000 reserved pursuant to 87-2-511 for applicants indicating their intent either to use the services of a licensed outfitter or to hunt with a resident sponsor on land owned by that sponsor and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles the holder to all the privileges of the Class B, Class B-1, and Class B-7 licenses. This license includes the nonresident combination fishing and hunting wildlife conservation license as prescribed in 87-2-202.

(2) Six thousand Class B-11 licenses are authorized for sale each license year. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

87-2-510. (Effective March 1, 2006) Class B-11--nonresident deer combination license. (1) Except as otherwise provided in this chapter, a person not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of the season for which the license is issued may, upon payment of a fee of $220 or upon payment of the fee of $225 if the license is one of the 4,000 reserved pursuant to 87-2-511 for applicants indicating their intent either to use the services of a licensed outfitter or to hunt with a resident sponsor on land owned by that sponsor and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles the holder to all the privileges of the Class B, Class B-1, and Class B-7 licenses. This license includes the nonresident combination fishing and hunting wildlife conservation license as prescribed in 87-2-202.

(2) Six thousand Class B-11 licenses are authorized for sale each license year."

Section 15. Section 87-2-511, MCA, is amended to read:

"87-2-511. (Temporary) Sale and use of Class B-10 and Class B-11 licenses. (1) The department shall offer the Class B-10 and Class B-11 licenses for sale on March 15, with a number of authorized Class B-10 and Class B-11 licenses, as determined under 87-1-268, reserved for applicants using the services of a licensed outfitter and 2,000 of the authorized Class B-11 licenses reserved for applicants indicating their intent to hunt with a resident sponsor on land owned by that sponsor, as provided in subsections (2) and (3).

(2) Each application for a resident-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant intends to hunt with a resident sponsor and must indicate the name of the resident sponsor with whom the applicant intends to hunt. In addition, the application must be accompanied by a certificate that is signed by a resident sponsor and that affirms that the resident sponsor will:

(a) direct the applicant's hunting and advise the applicant of game and trespass laws of the state;

(b) submit to the department, in a manner prescribed by the department, complete records of who hunted with the resident sponsor, where they hunted, and what game was taken; and

(c) accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

(3) The certificate signed by the resident sponsor pursuant to subsection (2) must also affirm that the sponsor is a landowner and that the applicant under the certificate will hunt only on land owned by the sponsor. A resident sponsor of a Class B-11 license may submit no more than 15 certificates of sponsorship in any license year .

(4) Each application for an outfitter-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant will hunt with a licensed outfitter for all big game hunted by the applicant under the license and must indicate the name of the licensed outfitter with whom the applicant will hunt. In addition, the application must be accompanied by a certificate that is signed by a licensed outfitter and that affirms that the outfitter will:

(a) accompany the applicant;

(b) provide guiding services for the species hunted by the applicant;

(c) direct the applicant's hunting for all big game hunted by the applicant under the license and advise the applicant of game and trespass laws of the state;

(d) submit to the department, in a manner prescribed by the department, complete records of who hunted with the outfitter, where they hunted, and what game was taken; and

(e) accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

(5) An outfitter-sponsored license under subsection (1) is valid only when used in compliance with the affirmations of the applicant and outfitter required under subsection (4). If the sponsoring outfitter is unavailable or if the applicant wishes to use the services of separate outfitters for hunting different species of game, an outfitter-sponsored license may be used with a substitute licensed outfitter, in compliance with the affirmations under subsection (4), upon advance written notification to the board by the sponsoring licensed outfitter or the substitute outfitter.

(6) A nonresident who hunts under the authority of a resident landowner-sponsored license shall conduct all deer hunting on the deeded lands of the sponsoring landowner.

(7) Any permits or tags secured as a result of obtaining a Class B-10 or Class B-11 license through an outfitter sponsor are valid only when hunting is conducted with a licensed outfitter.

(8) The department shall make the reserved outfitter-sponsored Class B-10 and Class B-11 licenses that remain unsold available as provided in 87-1-268.

(9) All Class B-10 and Class B-11 licenses that are not reserved under subsection (1) must be issued by a drawing among all applicants for the respective unreserved licenses. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)

87-2-511. (Effective October 1, 2001) Sale of Class B-10 and Class B-11 licenses. (1) The department shall offer the Class B-10 and Class B-11 licenses for sale on March 15, with 5,600 of the authorized Class B-10 licenses and 2,000 Class B-11 licenses reserved for applicants using the services of a licensed outfitter and 2,000 of the authorized Class B-11 licenses reserved for applicants indicating their intent to hunt with a resident sponsor on land owned by that sponsor, as provided in subsections (2) and (3).

(2) Each application for a resident-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant intends to hunt with a resident sponsor and must indicate the name of the resident sponsor with whom the applicant intends to hunt. In addition, the application must be accompanied by a certificate that is signed by a resident sponsor and that affirms that the resident sponsor will:

(a) direct the applicant's hunting and advise the applicant of game and trespass laws of the state;

(b) submit to the department, in a manner prescribed by the department, complete records of who hunted with the resident sponsor, where they hunted, and what game was taken; and

(c) accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

(3) The certificate signed by the resident sponsor pursuant to subsection (2) must also affirm that the sponsor is a landowner and that the applicant under the certificate will hunt only on land owned by the sponsor.

(4) Each application for an outfitter-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant will hunt with a licensed outfitter for all big game hunted by the applicant under the license and must indicate the name of the licensed outfitter with whom the applicant will hunt. In addition, the application must be accompanied by a certificate that is signed by a licensed outfitter and that affirms that the outfitter will:

(a) accompany the applicant;

(b) provide guiding services for the species hunted by the applicant;

(c) direct the applicant's hunting for all big game hunted by the applicant under the license and advise the applicant of game and trespass laws of the state;

(d) submit to the department, in a manner prescribed by the department, complete records of who hunted with the outfitter, where they hunted, and what game was taken; and

(e) accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

(5) An outfitter-sponsored license under subsection (1) is valid only when used in compliance with the affirmations of the applicant and outfitter required under subsection (4). If the sponsoring outfitter is unavailable or if the applicant wishes to use the services of separate outfitters for hunting different species of game, an outfitter-sponsored license may be used with a substitute licensed outfitter, in compliance with the affirmations under subsection (4), upon advance written notification to the board by the sponsoring licensed outfitter or the substitute outfitter.

(6) The department shall make the reserved Class B-10 and Class B-11 licenses that remain unsold on April 15 available to nonresident applicants without restriction as to hunting with a licensed outfitter or resident sponsor.

(7) All Class B-10 and Class B-11 licenses that are not reserved under subsection (1) and all unsold reserved licenses that are available under subsection (6) must be issued by a drawing among all applicants for the respective unreserved licenses."

Section 16. Section 87-2-701, MCA, is amended to read:

"87-2-701. (Temporary) Special licenses. (1) An applicant who will be 12 years of age or older prior to September 15 of the season for which the license is issued and is the holder of a resident hunting only wildlife conservation license or combination fishing and hunting wildlife conservation license or a nonresident hunting only wildlife conservation license or combination fishing and hunting wildlife conservation license may apply for a special license that, in the judgment of the department, is to be issued and shall pay the following fees:

(a) moose--resident, $75; nonresident, $475;

(b) mountain goat--resident, $75; nonresident, $475;

(c) mountain sheep--resident, $75; nonresident, $475;

(d) antelope--resident, $11; nonresident, $150;

(e) grizzly bear--resident, $50; nonresident, $300;

(f) black bear--nonresident, $120.

(2) If a holder of a valid special grizzly bear license kills a grizzly bear, the person shall purchase a trophy license for a fee of $25 within 10 days after date of kill. The trophy license authorizes the holder to possess and transport the trophy.

(3) Special licenses must be issued in a manner prescribed by the department. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

87-2-701. (Effective March 1, 2006) Special licenses. (1) An applicant who will be 12 years of age or older prior to September 15 of the season for which the license is issued and is the holder of a resident hunting only wildlife conservation license or combination fishing and hunting wildlife conservation license or a nonresident hunting only wildlife conservation license or combination fishing and hunting wildlife conservation license may apply for a special license that, in the judgment of the department, is to be issued and shall pay the following fees:

(a) moose--resident, $75; nonresident, $455;

(b) mountain goat--resident, $75; nonresident, $455;

(c) mountain sheep--resident, $75; nonresident, $455;

(d) antelope--resident, $11; nonresident, $130;

(e) grizzly bear--resident, $50; nonresident, $300;

(f) black bear--nonresident, $100.

(2) If a holder of a valid special grizzly bear license kills a grizzly bear, the person shall purchase a trophy license for a fee of $25 within 10 days after date of kill. The trophy license authorizes the holder to possess and transport the trophy.

(3) Special licenses must be issued in a manner prescribed by the department."

Section 17. Section 87-2-801, MCA, is amended to read:

"87-2-801. Residents over sixty-two years of age. (1) A resident, under the definition of 87-2-102, who is 62 years of age or older is entitled to fish and hunt game birds with a resident combination fishing and hunting wildlife conservation license issued by the department. The form of such license shall be prescribed by the department.

(2) A resident who is 62 years of age or older is also entitled to purchase regular resident deer and elk tags at a price that is one-half of the fee paid by a resident who is 15 years old or older and who is under 62 years of age."

Section 18. Section 87-2-803, MCA, is amended to read:

"87-2-803. Persons with disabilities. (1) Persons with disabilities are entitled to fish and to hunt game birds with only a resident combination fishing and hunting wildlife conservation license if they are residents of Montana not residing in an institution and are certified as disabled as prescribed by departmental rule.

(2) A resident of Montana who is certified as disabled by the department and who is not residing in an institution may purchase regular resident deer and elk licenses at one-half the fee paid by a resident who is 15 years of age or older and who is under 62 years of age.

(3) A resident or nonresident person with a disability who is certified as disabled by the department and who is not residing in an institution may carry a permit on a form prescribed by the department. A person with a disability who is issued a permit under this subsection is entitled to have the department stamp the permit with "Permission to Hunt From a Vehicle" if the person establishes to the satisfaction of the department that the person is nonambulatory and has a permanent physical disability or that the person's mobility is substantially impaired.

(4) A person with a disability carrying a permit as required in subsection (3), upon which is stamped "Permission to Hunt From a Vehicle", may hunt by shooting a firearm from the shoulder, berm, or barrow pit right-of-way of a public highway, as defined in 61-1-202, except a state or federal highway, or may hunt by shooting a firearm from within a self-propelled or drawn vehicle that is parked on a shoulder, berm, or barrow pit right-of-way in a manner that will not impede traffic or endanger motorists or that is parked in an area, not a public highway, where hunting is permitted. This subsection does not allow a person with a disability to shoot across the roadway of any public highway or to hunt on private property without permission of the landowner. A person with a disability who hunts as authorized in this subsection must have a companion to assist in immediately dressing any killed game animal. The companion may also assist the hunter with a disability by hunting a game animal that has been wounded by the hunter with a disability when the hunter with a disability is unable to pursue and kill the wounded game animal. Any vehicle from which a person with a disability is hunting must be conspicuously marked with an orange-colored international symbol of persons with disabilities on the front, rear, and each side of the vehicle.

(5) A resident of Montana who is certified by the department as suffering from blindness, as defined in 53-7-301, may be issued a lifetime fishing license for the blind upon payment of a one-time fee of $10. The license is valid for the lifetime of the blind individual and allows the licensee to fish as authorized by department rule. An applicant for a license under this subsection need not obtain a wildlife conservation license as a prerequisite to licensure."

Section 19. Section 87-2-805, MCA, is amended to read:

"87-2-805. Persons under fifteen years of age. (1) Resident minors from 12 years through 14 years of age may fish and may hunt upland and migratory birds during the open season with only a resident combination fishing and hunting wildlife conservation license. Resident minors under 12 years of age may fish without a license. However, no nonresident person under the age of 15 years may fish in or on any Montana waters without first having obtained a Class B or B-4 fishing license unless the nonresident person under the age of 15 years 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) Residents, as defined by 87-2-102, under the age of 15 years 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."

NEW SECTION. Section 20. Allocation of certain license fees to hunting access enhancement program. The amount of money specified in this section from the sale of each of the following licenses must be used exclusively by the department to encourage public access to private lands for hunting purposes in accordance with 87-1-265 through 87-1-267:

(1) Class A-1--resident upland game bird license, $4;

(2) Class B-1--nonresident upland game bird license, $35;

(3) resident hunting only wildlife conservation license, $1;

(4) nonresident hunting only wildlife conservation license, $5;

(5) resident combination fishing and hunting wildlife conservation license, $3; and

(6) nonresident combination fishing and hunting wildlife conservation license, $8.

NEW SECTION. Section 21. Allocation of certain license fees to fisheries. The amount of money specified in this section from the sale of each of the following licenses must be used by the department to support fisheries habitat programs:

(1) $1 from the resident combination fishing and hunting wildlife conservation license; and

(2) $2 from the nonresident combination fishing and hunting wildlife conservation license.

NEW SECTION. Section 22. Contingent voidness. (1) If [LC 1711] is submitted to and not approved by the electorate, then [section 20(1)] of this act is void.

(2) If [LC 1712] is submitted to and not approved by the electorate, then [section 20(3)] of this act is void.

(3) If [LC 1713] is submitted to and not approved by the electorate, then [section 20(5)] of this act is void.

(4) If [LC 1713] is submitted to and not approved by the electorate, then subsections (1) and (2) of this section are void.

(5) If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution is declared invalid, then the bracketed fees in 87-2-202 and 87-2-401 are effective.

(6) If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is not declared invalid, then [section 3 of this act] is void.

Section 23. Section 18, Chapter 459, Laws of 1995, is amended to read:

"Section 18. Termination. (1) [Sections 1 through 10] terminate March 1, 2006.

(2) [Section 11] terminates July 1, 2002."

NEW SECTION. Section 24. Codification instruction. [Sections 20 and 21] are intended to be codified as an integral part of Title 87, chapter 1, part 2, and the provisions of Title 87, chapter 1, part 2, apply to [sections 20 and 21].

NEW SECTION. Section 25. Termination. [ Sections 20 and 21 of this act] terminate March 1, 2006.

NEW SECTION. Section 26. Effective dates. (1) Except as provided in subsection (2), [this act] is effective March 1, 2000.

(2) [Sections 22 through 25 and this section] are effective on passage and approval.

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