SENATE BILL NO. 474

INTRODUCED BY A. BISHOP

A BILL FOR AN ACT ENTITLED: "AN ACT PRIORITIZING THE EXPENDITURE OF MONEY RECEIVED BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS THROUGH THE SALE OF RESIDENT AND NONRESIDENT UPLAND GAME BIRD, COMBINATION SPORTS, AND BIG GAME COMBINATION LICENSES; REQUIRING THAT UPLAND GAME BIRD LICENSE REVENUE BE SPENT FIRST ON UPLAND GAME BIRD HABITAT; LIMITING PARTICIPANTS IN THE UPLAND GAME BIRD ENHANCEMENT PROGRAM TO THE RELEASE OF 250 FULLY FEATHERED PHEASANTS THAT ARE AT LEAST 12 WEEKS OLD; AND AMENDING SECTIONS 87-1-246, 87-1-247, AND 87-1-248, MCA."

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

Section 1. Section 87-1-246, MCA, is amended to read:

"87-1-246. Funding of upland game bird enhancement program. The amount of money specified in this section from the sale of each hunting license listed must be used exclusively by the department as prescribed in 87-1-247 to preserve and enhance upland game bird populations in Montana in accordance with 87-1-246 through 87-1-249, subject to appropriation by the legislature:

(1) Class A-1, resident upland game bird, $2;

(2) Class B-1, nonresident upland game bird, $23;

(3) Class AAA, combination sports, $2; and

(4) Class B-10, nonresident big game combination, $23."

Section 2. Section 87-1-247, MCA, is amended to read:

"87-1-247. Authorized use of funds -- prioritization. The money generated under 87-1-246 must be used by the department, prioritized in the following order, to:

(1) (a) assist applicants in the establishment of suitable nesting cover, winter cover, and feeding areas through cost-sharing programs, leases, and conservation easements;

(b) prepare and disseminate information to landowners and organizations concerning the upland game bird enhancement program;

(c) review potential pheasant release sites;

(d) assist applicants in preparing management plans for project areas; and

(e) evaluate the upland game bird enhancement program;

(2)

share, at $3 a bird, in the cost of releasing pheasants in suitable habitat, in the numbers and under conditions determined by the department under 87-1-248(1); and

(3) revert, at the end of each fiscal year, all unexpended funds to the habitat portion of the program outlined in 87-1-248(3) and subsection (1) of this section for the development, enhancement, and conservation of upland game bird habitat in Montana."

Section 3. Section 87-1-248, MCA, is amended to read:

"87-1-248. Qualification of upland game bird enhancement projects. (1) To be eligible for funding under the pheasant release program, an applicant may release only pheasants that are 12 weeks old or older and fully feathered. An applicant may not release more than 250 pheasants.

(2) To be eligible for funding under the program, projects must also contain the proper combination of winter cover, food, nesting cover, and other pheasant habitat components determined necessary by the department to provide for a viable permanent pheasant population.

(3) Habitat enhancement efforts must include assistance to applicants in the establishment of suitable nesting cover, winter cover, and feeding areas through cost-sharing programs, leases, and conservation easements.

(4) A project that includes hunting preserves, any commercial hunting enterprise, or the leasing of or paying for hunting rights is not eligible for funding.

(5) Preference must be given for project applications submitted by youth organizations, 4-H clubs, sportsmen's groups, and other associations of sufficient size to guarantee completion of all project requirements. However, individual landowners may also apply if the land in the project area remains open to public hunting in accordance with reasonable use limitations imposed by the landowner."

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