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- 0 7 \\HLN_FILE_2\HLN2_OPTRAN_1 x x P 7 P SB0338 CL0441 LC0560 ; Ы x x P 7P0 EC A Z U n i v e r s 2 3| x g N \ 56th Legislature` T$F SB0338.04 g z N STATE INTERNET/BBS COPY * `"T$H SB 338 z $ 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;
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; RENAMING RESIDENT AND NONRESIDENT WILDLIFE CONSERVATION
LICENSES AS RESIDENT AND NONRESIDENT ACCESS/HABITAT LICENSES; ESTABLISHING SIX KINDS
OF ACCESS/HABITAT 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 EXCLUSIVELY BY THE DEPARTMENT OF FISH, WILDLIFE,
AND PARKS TO ENCOURAGE PUBLIC ACCESS TO PRIVATE LANDS FOR HUNTING PURPOSES AND TO
SUPPORT FISHERIES HABITAT PROGRAMS;
PROVIDING THAT THE DEPARTMENT OF FISH, WILDLIFE, AND
PARKS ISSUE TWO RESIDENT-SPONSORED CLASS B-11 LICENSES TO ANY RESIDENT LANDOWNER WHO
OWNS 640 OR MORE CONTIGUOUS ACRES AND REQUESTS THE LICENSES AS A RESIDENT SPONSOR;
AMENDING SECTIONS 37-47-315,
37-47-302,
37-47-303,
37-47-304, 37-47-306, 37-47-315,
87-1-269
,
,
87-2-106,
87-2-201,
87-2-202, 87-2-203, 87-2-204, 87-2-205, 87-2-304, 87-2-308, 87-2-401,
87-2-402, 87-2-403, 87-2-504, 87-2-505, 87-2-510,
AND 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 AN IMMEDIATE
EFFECTIVE
DATES
DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1.ĠSection 37-47-315 , MCA, is amended to read:
"37-47-315.
٠(Temporary)
Moratorium on issuance of hunting outfitter licenses. The legislaturefinds 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
issued after April 14, 1995
,
may
not exceed
the number in existence on April 14, 1995
543.
(Terminates June 30, 1999--sec. 18, Ch. 459,
L. 1995.)"
Section 1.ĠSection 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 conservation access/habitat 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.ĠSection 37-47-303 , MCA, is amended to read:
"37-47-303.Guide's and professional guide's qualifications. (1) An applicant for a guide's or
professional guide's license must meet the following qualifications:
(a)be 18 years of age or older and be physically capable and mentally competent to perform the
duties of a guide or professional guide; (b)be endorsed and recommended by an outfitter with a valid license; and
(c)have been issued a valid wildlife conservation access/habitat license.
(2)In addition to the requirements listed in subsection (1), an applicant for licensure as a
professional guide must meet additional experience requirements, to be set by board rule, and may be
required to show proof of training or pass a qualifying examination when required by board rule."
Section 2.ĠSection 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, conservation access/habitat 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.ĠSection 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)."
Ì Section 4.ĠSection 37-47-315 , MCA, is amended to read:
"37-47-315.
٠(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 issued after April 14, 1995, may
not exceed the number in existence on April 14, 1995 543.
(Terminates June 30, 1999--sec. 18, Ch. 459,
L. 1995.)
"
Section 2.ĠSection 87-1-269 , MCA, is amended to read:
"87-1-269.
٠(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
hunter management program, the
hunting access enhancement program, landowner-hunter
relations, outfitting industry issues,
or
and other issues related to private lands and public wildlife
to review
the success and progress of the hunter management program and the hunting access enhancement
program
. The committee must have
equal
broad representation of landowners, outfitters, and
sportspersons
and be broadly representative of the various geographical areas of the state
recreationists
sportspersons.
The department may provide administrative assistance as necessary to
facilitate the efforts of
assist the
review committee.
(2)The review committee shall report to the governor and to the 57th legislature regarding the
success of
the hunter management program and
various elements of the hunting access enhancement
program, including a report of annual landowner participation, the number of acres annually enrolled
in the program, hunter harvest success on enrolled lands, the number of qualified applicants who were
denied enrollment because of a shortfall in funding, and an accounting of program expenditures,
including
a report of annual landowner participation and the number of acres annually enrolled in the programs. The
report may also include
and make suggestions for funding, modification, or improvement needed to achieve
the objectives of the
programs
program.
If the review committee determines that expanding funding for
programs for hunter management and hunting access enhancement is desirable, consideration must be
given to providing the expanded funding through increases in resident hunting license fees.
(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 regardingthe development of rules implementing the hunting access enhancement program.
(Terminates October 1,
2001--sec. 18, Ch. 459, L. 1995.)
"
Section 7.ĠSection 87-2-106 , MCA, is amended to read:
"87-2-106.Application for license -- penalties for violation -- forfeiture of privileges. (1) A license
may be procured from the director, a warden, or an authorized agent of the director. The applicant shall
state 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 other facts, data, or descriptions as may be required by the department. An applicant
for a resident license shall present a valid Montana driver's license, Montana driver's examiner's
identification card, or other identification specified by the department to substantiate the required
information. It is the applicant's burden to provide documentation establishing the applicant's identity and
qualifications to purchase a license. It is unlawful and a misdemeanor for a license agent to sell a hunting,
fishing, or trapping license to an applicant who fails to produce the required identification at the time of
application for licensure. Except as provided in subsections (2) through (4), the statements made by the
applicant must be subscribed to before the officer or agent issuing the license.
(2)Except as provided in subsection (3), department employees or officers may issue licenses by
mail. Statements on an application for a license to be issued by mail need not be subscribed to before the
employee or officer.
(3)To apply for a license under the provisions of 87-2-102(7), the applicant shall apply to the
director and shall submit at the time of application a notarized affidavit that attests to fulfillment of the
requirements of 87-2-102(7). The director shall process the application in an expedient manner.
(4)A resident may apply for and purchase a wildlife conservation an access/habitat license,
hunting license, or fishing license for the resident's spouse, parent, child, brother, or sister who is
otherwise qualified to obtain the license.
(5)A license is void unless subscribed to by the licensee and by an employee or officer of the
department or by a license agent or an authorized representative of the license agent.
(6)It is unlawful to subscribe to any statement, on an application or license, that is materially
false. Any material false statement contained in an application renders the license issued pursuant to it
void. A person violating any provision of this subsection is guilty of a misdemeanor.
(7)(a)A person not meeting the residency criteria set out in 87-2-102 who is convicted ofaffirming to a false statement to obtain a resident license shall be:
(i)fined not less than the greater of $100 or twice the cost of the nonresident license that
authorized the sought-after privilege or more than $1,000;
(ii)imprisoned in the county jail for not more than 6 months; or
(iii)both fined and imprisoned.
(b)In addition to the penalties specified in subsection (7)(a), upon conviction or forfeiture of bond
or bail, the person shall forfeit any current hunting, fishing, and trapping licenses and the privilege to hunt,
fish, and trap in Montana for not less than 18 months.
(8)It is unlawful and a misdemeanor for a person to purposely or knowingly assist an unqualified
applicant in obtaining a resident license in violation of this section."
Section 8.ĠSection 87-2-201 , MCA, is amended to read:
"87-2-201.Wildlife conservation Access/habitat license prerequisite for other licenses. Except as
provided in 87-2-803(5), it is unlawful for any person or persons to purchase any hunting, fishing, or
trapping license without first having obtained a wildlife conservation an access/habitat license as
hereinafter provided in this part."
Section 6.ĠSection 87-2-202 , MCA, is amended to read:
"87-2-202.Application -- fee -- expiration. (1) A wildlife conservation An access/habitat 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 access/habitat 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 an access/habitat 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 an access/habitat a wildlife conservation license. It is unlawful and a misdemeanor for a
license agent to sell a wildlife conservation an access/habitat 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 wildlife conservation access/habitat 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 access/habitat wildlife conservation license is a required prerequisite to obtaining a resident fishing
license.
(b)Resident hunting only access/habitat 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 access/habitat
wildlife conservation license is a required prerequisite to obtaining a resident hunting or trapping license.
(c) Resident combination fishing and hunting access/habitat wildlife conservation licenses may be
purchased for a fee of $4 [$8]. Purchase of a resident combination fishing and hunting access/habitat
wildlife conservation license meets the required prerequisite for obtaining a resident fishing, hunting, or
trapping license.
(4) (a) Nonresident wildlife conservation fishing only access/habitat wildlife conservation licenses
may be purchased for a fee of $5. Except as provided in subsection (4)(c), purchase of a nonresident
fishing only access/habitat wildlife conservation license is a required prerequisite to obtaining a
nonresident fishing license.
(b)Nonresident hunting only access/habitat wildlife conservation licenses may be purchased for
a fee of $10. Except as provided in subsection (4)(c), purchase of a nonresident hunting only
access/habitat wildlife conservation license is a required prerequisite to obtaining a nonresident hunting
or trapping license.
(c) Nonresident combination fishing and hunting access/habitat wildlife conservation licenses may
be purchased for a fee of $15. Purchase of a nonresident combination fishing and hunting access/habitat
wildlife conservation license meets the required prerequisite for obtaining a nonresident fishing, hunting,
or trapping license.
(4)(5)ĠLicenses issued are void after the last day of February next succeeding their issuance."
Section 10.ĠSection 87-2-203 , MCA, is amended to read:
"87-2-203.Unlawful sales of licenses. It shall be is unlawful for any a license agent to sell any a
hunting, fishing, or trapping license to any a person who does not present his wildlife conservation an
access/habitat license at the time of application for such licenses a hunting, fishing, or trapping license."
Section 11.ĠSection 87-2-204 , MCA, is amended to read:
"87-2-204.Disposition of wildlife conservation access/habitat license fees. The fees from the
wildlife conservation access/habitat license shall must be delivered to the state treasurer and deposited by
him in the state special revenue fund to the credit of the department in accordance with the provisions of
87-1-601."
Section 12.ĠSection 87-2-205 , MCA, is amended to read:
"87-2-205.False statement in license application. It is unlawful to subscribe to any false statement
in an application for a wildlife conservation an access/habitat license."
Section 7.ĠSection 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 wildlife conservation nonresident fishing only access/habitat wildlife
conservation license or nonresident combination fishing and hunting access/habitat 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.ĠSection 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 wildlife conservation resident fishing only access/habitat wildlife conservation
license or resident combination fishing and hunting access/habitat 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.ĠSection 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.ĠSection 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 $55 $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.ĠSection 87-2-403 , MCA, is amended to read:
"87-2-403.
٠(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 wildlife conservation hunting only
access/habitat wildlife conservation license or combination fishing and hunting access/habitat wildlife
conservation license.
(Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)
87-2-403.
٠(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 wildlife conservation hunting only
access/habitat wildlife conservation license or combination fishing and hunting access/habitat wildlife
conservation license."
Section 12.ĠSection 87-2-504 , MCA, is amended to read:
"87-2-504.
٠(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 conservation hunting only access/habitat wildlife conservation license or nonresident
combination fishing and hunting access/habitat 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.
٠(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 willbe 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 conservation hunting only access/habitat wildlife conservation license or
nonresident combination fishing and hunting access/habitat 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.
٠(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 conservation hunting only access/habitat wildlife conservation license or
nonresident combination fishing and hunting access/habitat 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.ĠSection 87-2-505 , MCA, is amended to read:
"87-2-505.
٠(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 licenseis 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 conservation combination fishing and hunting access/habitat
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.
٠(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 conservation combination fishing and hunting
access/habitat 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.
٠(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 conservation combination fishing and hunting access/habitat 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."
Ì Section 14.ĠSection 87-2-510 , MCA, is amended to read:
"87-2-510.
٠(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
wildlife conservation combination fishing and hunting access/habitat 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.
٠(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 wildlife conservation combination fishing
and hunting access/habitat 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.
٠(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 reservedpursuant 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 wildlife conservation combination fishing
and hunting access/habitat wildlife conservation license as prescribed in 87-2-202.
(2)Six thousand Class B-11 licenses are authorized for sale each license year."
Section 3.ĠSection 87-2-511 , MCA, is amended to read:
"87-2-511.
٠(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
Any resident landowner who owns 640 or more contiguous acres may apply for and must be
granted two resident-sponsored Class B-11 licenses for use as provided in subsection (2) and this
subsection. The department shall conduct a drawing for any remaining resident-sponsored licenses.However, a resident sponsor of a Class B-11 license may submit no more than
20
10
15 certificates of
sponsorship in any license year
prior to expiration of the moratorium established in 37-47-315, after which
no more than 10 certificates of sponsorship may be submitted in any license year
. A resident-sponsored
license may not be used on land used for commercial
outfitting
hunting activities.
(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 beissued by a drawing among all applicants for the respective unreserved licenses.
(Terminates October 1,
2001--sec. 18, Ch. 459, L. 1995.)
87-2-511.
٠(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.ĠSection 87-2-701 , MCA, is amended to read:
"87-2-701.
٠(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 wildlife
conservation hunting only access/habitat wildlife conservation license or combination fishing and hunting
access/habitat wildlife conservation license or a nonresident wildlife conservation hunting only
access/habitat wildlife conservation license or combination fishing and hunting access/habitat 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.
٠(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 wildlife conservation hunting only access/habitat wildlife conservation license or combination
fishing and hunting access/habitat wildlife conservation license or a nonresident wildlife conservation
hunting only access/habitat wildlife conservation license or combination fishing and hunting access/habitat
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.ĠSection 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 conservation resident
combination fishing and hunting access/habitat 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 isunder 62 years of age."
Section 18.ĠSection 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 conservation resident combination fishing and hunting access/habitat 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, asdefined 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 an access/habitat a wildlife conservation license as a prerequisite to licensure."
Section 19.ĠSection 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 conservation
resident combination fishing and hunting access/habitat 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.ĠSection 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 access/habitat wildlife conservation license, $1;
(4) nonresident hunting only access/habitat wildlife conservation license, $5;
(5) resident combination fishing and hunting access/habitat wildlife conservation license, $4 $3;
and
(6) nonresident combination fishing and hunting access/habitat wildlife conservation license, $10
$8.
Ì 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.ĠSection 22.Contingent voidness. (1) If [LC 1711] is submitted to and not
approved by the electorate, then [section 26(1) 20(1)] of this act is void.
(2) If [LC 1712] is submitted to and not approved by the electorate, then [section 26(3) 20(3)] of
this act is void.
(3) If [LC 1713] is submitted to and not approved by the electorate, then [section 26(5) 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.
(4)(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 4.ĠSection 18, Chapter 459, Laws of 1995, is amended to read:
"Section 18. Termination. (1) [Sections 1 through 10] terminate
October 1, 2001
March 1, 2006.
(2) [Section 11] terminates
June 30, 1999
July 1, 2002."
NEW SECTION.ĠSection 29.Instructions to code commissioner. Wherever the phrase "wildlife
conservation license" or "conservation license", meaning the license established in 87-2-201, MCA,
appears in material enacted by the 56th legislature, the code commissioner shall change the phrase to the
appropriate "access/habitat license" and may make grammatical changes as necessary to reflect the new
license names.
NEW SECTION.ĠSection 24.Codification instruction. [Section 26] is [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 [section 26] [sections 20 and 21].
NEW SECTION.ĠSection 25.Termination. [Section 26 Sections 20 and 21 of this act] terminates
terminate March 1, 2006.
NEW SECTION.ĠSection 5.Effective
dates
date.
(1) Except as provided in subsection (2), this act
[this act] is effective March 1, 2000.
(2) [Section 28] is [Sections 22 through 25 and this section] are
[This act] is effective on passage
and approval.
j) END