Montana Code Annotated 2023

TITLE 87. FISH AND WILDLIFE

CHAPTER 1. ORGANIZATION AND OPERATION

Part 5. Fish and Game Wardens

Ex Officio Wardens

87-1-503. Ex officio wardens. (1) The following are ex officio wardens:

(a) all sheriffs and their deputies;

(b) all constables;

(c) all peace officers of the state or any subdivision of the state;

(d) the executive director and investigators of the board of outfitters;

(e) all state forest officers;

(f) as authorized by cooperative agreement, any officers of the United States forest service, agents of the United States fish and wildlife service, and peace officers of the bureau of land management, national park service, and corps of engineers that are assigned to duty in this state;

(g) as authorized by cooperative agreement, tribal fish and game wardens;

(h) former fish and game wardens; and

(i) field personnel of the department as may be appointed by the director.

(2) Ex officio wardens serve without pay, except that the department may, in its discretion, allow travel expenses as provided for in 2-18-501 through 2-18-503. If allowed, travel expenses must be paid upon proper vouchers from the state fish and game funds.

(3) Ex officio wardens have the same powers with reference to the enforcement of the fish and game laws of this state and the laws relating to parks and outdoor recreation contained in Title 23, chapters 1 and 2, except chapter 2, part 7, as regularly appointed wardens, and it is their duty to assist, whenever possible, in the enforcement of those laws.

History: En. Sec. 14, Ch. 193, L. 1921; re-en. Sec. 3663, R.C.M. 1921; re-en. Sec. 3663, R.C.M. 1935; amd. Sec. 1, Ch. 115, L. 1955; amd. Sec. 1, Ch. 236, L. 1965; amd. Sec. 13, Ch. 439, L. 1975; amd. Sec. 6, Ch. 417, L. 1977; R.C.M. 1947, 26-114; amd. Sec. 12, Ch. 662, L. 1991; amd. Sec. 1, Ch. 187, L. 1993; amd. Sec. 21, Ch. 328, L. 1995; amd. Sec. 3, Ch. 417, L. 1995; amd. Sec. 1, Ch. 32, L. 2009.