HOUSE BILL NO. 306
INTRODUCED BY J. BALYEAT, ADAMS, R. BROWN, BRUEGGEMAN, CLANCY, FACEY, FORRESTER, FUCHS, GALLUS, GOLIE, JENT, KEENAN, LASZLOFFY, LEWIS, ROME, VICK, WAITSCHIES, WALTERS, WHITAKER
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE REQUIREMENTS FOR SETTING ASIDE
NONRESIDENT BIG GAME COMBINATION AND DEER COMBINATION LICENSES, INCLUDING THE
VARIABLY PRICED LICENSES THAT FUND THE HUNTER MANAGEMENT AND HUNTING ACCESS
ENHANCEMENT PROGRAMS; PROVIDING THAT NONRESIDENT BIG GAME AND DEER COMBINATION
LICENSES PRESENTLY SET ASIDE AS OUTFITTER-SPONSORED LICENSES MAY ALSO BE SET ASIDE FOR A
NONRESIDENT WHO INTENDS TO HUNT WITH A LICENSED MONTANA RESIDENT HUNTER; SETTING
ASIDE 1,000 CLASS B-10 AND 500 CLASS B-11 NONRESIDENT COMBINATION LICENSES FOR USE BY
NONRESIDENTS WHO INTEND TO HUNT WITH LICENSED MONTANA RELATIVES; LIMITING TO TWO THE
NUMBER OF NONRESIDENT RELATIVE HUNTERS THAT MAY BE SPONSORED BY A LICENSED MONTANA
RESIDENT HUNTER DURING A LICENSE YEAR; INCREASING THE TOTAL AMOUNT OF COMPENSATION
THAT MAY BE PROVIDED TO A LANDOWNER WHO PARTICIPATES IN THE HUNTER MANAGEMENT AND
HUNTING ACCESS ENHANCEMENT PROGRAMS FROM $8,000 TO $12,000; ESTABLISHING THE
COMPENSATION FOR EACH HUNTER DAY THAT A LANDOWNER PROVIDES HUNTING ACCESS FOR
UNRESTRICTED BIG GAME AT $12 A DAY; REQUIRING THE REVIEW COMMITTEE TO REPORT ON THE
IMPLEMENTATION AND SUCCESS OF THE RESIDENT-SPONSORED NONRESIDENT HUNTER PROGRAM;
AMENDING SECTIONS 87-1-267, 87-1-268, 87-1-269, 87-2-505, 87-2-510, 87-2-511, AND 87-2-512, MCA; AND
PROVIDING A DELAYED EFFECTIVE DATES DATE AND A TERMINATION DATE."
WHEREAS, the Legislature established an experimental plan in 1995 to attempt to achieve balance
between the competing interests of landowners, resident hunters, and outfitters; and
WHEREAS, it has always been understood that, after a period of study, the plan may have to be adjusted
to maintain balance between those competing wildlife interests; and
WHEREAS, it has become apparent that the present system is not a level playing field and that
outfitters have been given too much advantage and are using that state-granted advantage to acquire
more and more hunting rights to the detriment of resident hunters; and
WHEREAS, the present system grants outfitters a government-guaranteed income stream by requiring
that nonresidents who wish to purchase a guaranteed-issue big game license must agree to contract the
services of an outfitter; and
WHEREAS, the Legislature believes that this government-guaranteed income to outfitters has intruded
into the free marketplace for hunting leases and hunting rights and that this intrusion has removed
thousands more acres from access by resident hunters than was intended under the experimental plan; and
WHEREAS, this government-mandated outfitter requirement has also had the negative side effect of
impinging on the freedom of Montana residents to take their nonresident relatives hunting; and
WHEREAS, the Legislature believes that adjustments can be made to restore a balance between
outfitters, nonresidents, and resident hunters without negatively impacting landowner interests; and
WHEREAS, the Legislature believes that these adjustments will actually generate more money from the
sale of nonresident guaranteed-issue licenses; and
WHEREAS, the Legislature desires that any additional money generated be put back into the block
management program to increase landowner incentives to provide enhanced hunting access.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-1-267, MCA, is amended to read:
"87-1-267. (Temporary) Hunting access enhancement program -- benefits for providing hunting access -- cooperative agreement -- factors for determining benefits earned -- restriction on landowner liability. (1) As provided in 87-1-265, the department may establish and administer a voluntary program to enhance the block management program, to be known as the hunting access enhancement program. The program must be designed to provide tangible benefits to participating private landowners who grant access to their land for public hunting.
(2) Land is not eligible for inclusion in the hunting access enhancement program if outfitting or commercial hunting restricts public hunting opportunities.
(3) A contract for participation in the hunting access enhancement program is established through a cooperative agreement between the landowner and the department that will guarantee reasonable access for public hunting. Landowners may also form a voluntary association when development of a unified cooperative agreement is advantageous. A cooperative agreement must contain a detailed description of the plan developed by the landowner and the department and may include but is not limited to:
(a) hunting access management;
(b) services to be provided to the public;
(c) ranch rules and other restrictions; and
(d) any other management information to be gathered, which must be made available to the public.
(4) If the department determines that the plan referred to in subsection (3) may adversely influence game management decisions or wildlife habitat on public lands outside the block management area, then other public land agencies, interested sportspersons, and affected landowners must be consulted. An affected landowner's management goals and personal observations regarding game populations and habitat use must be considered in developing the plan.
(5) The commission shall develop rules for determining tangible benefits to be provided to a landowner for providing public hunting access. Benefits will be provided to offset potential impacts associated with public hunting access, including but not limited to those associated with general ranch maintenance, conservation efforts, weed control, fire protection, liability insurance, roads, fences, and parking area maintenance. Factors used in determining benefits may include but are not limited to:
(a) the number of days of public hunting provided by a participating landowner;
(b) wildlife habitat provided;
(c) resident game populations;
(d) number, sex, and species of animals taken; and
(e) access provided to adjacent public lands.
(6) Benefits earned by a landowner under this section may be applied in, but application is not limited to, the following manner:
(a) A landowner may direct weed control payments to be made directly to the county weed control board or may elect to receive payments directly.
(b) A landowner may direct fire protection payments to be made directly to the local fire district or the county where the landowner resides or may elect to receive payments directly.
(c) A landowner may receive direct payment to offset insurance costs incurred for allowing public hunting access.
(d) The department may provide assistance in the construction and maintenance of roads, gates, and parking facilities and in the signing of property.
(e) The IF COMPENSATION IS CALCULATED USING A FORMULA BASED ON HUNTER DAYS, THE
department shall provide compensation in the amount of $12 for each hunter day for which access is
provided for unrestricted big game hunting.
(7) The commission may provide a total of not more than $8,000 $12,000 a year to a landowner who
participates in the hunter management program or hunting access enhancement program, or both, subject
to the conditions set out in 87-1-266(4).
(8) The restriction on liability of a landowner, agent, or tenant that is provided under 70-16-302(1) applies to a landowner who participates in the hunting access enhancement program. (Terminates March 1, 2006--sec. 6, Ch. 544, L. 1999.)"
Section 2. Section 87-1-268, MCA, is amended to read:
"87-1-268. (Temporary) Variable pricing of outfitter-sponsored and resident-sponsored Class B-10
and B-11 licenses. The commission shall annually set fees for outfitter-sponsored and resident-sponsored
Class B-10 and Class B-11 licenses allowed under 87-2-505 and 87-2-510. The fees FOR
OUTFITTER-SPONSORED LICENSES must be set at a market rate intended to sell as close to but not more
than an average of 5,500 Class B-10 licenses and 2,300 Class B-11 licenses each year, calculated over a
5-year period. THE FEES FOR THE 1,000 CLASS B-10 AND 500 CLASS B-11 RESIDENT-SPONSORED LICENSES
SET ASIDE IN 87-2-511(1)(B) MUST CORRESPOND TO THE SALE PRICE SET ANNUALLY FOR
OUTFITTER-SPONSORED LICENSES PURSUANT TO THIS SECTION. The sale period for the licenses must be
established so that by the last date in the established period, those licenses that are unsold, up to 5,500
6,500 Class B-10 licenses and 2,300 2,800 Class B-11 licenses, may be reallocated by the commission for a
drawing at a price set by the commission. (Terminates March 1, 2006--sec. 6, Ch. 544, L. 1999.)"
SECTION 3. 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 and to the 57th 58th legislature regarding the
success of 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, and make suggestions for funding, modification, or
improvement needed to achieve the objectives of the program. The review committee shall also report to
the governor and the 58th legislature regarding the implementation and success of the
resident-sponsored nonresident hunter 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 March 1, 2006--sec. 6, Ch. 544, L. 1999.)"
Section 4. Section 87-2-505, MCA, is amended to read:
"87-2-505. (Temporary) Class B-10--nonresident big game combination license. (1) 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 or who will turn 12 years old of age before or during 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(1)(a) for applicants indicating their intent to use the
services of a licensed outfitter, or UPON PAYMENT OF THE FEE ESTABLISHED IN 87-1-268 IF THE LICENSE
IS ONE OF THE LICENSES RESERVED PURSUANT TO 87-2-511(1)(B) FOR APPLICANTS INDICATING THEIR
INTENT to hunt while physically accompanied by a licensed Montana resident hunter WHO IS A RELATIVE
OF THE APPLICANT 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 a holder who is 12 years of age or older 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 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.
(2) A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-10 big game combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993; sec. 6, Ch. 544, L. 1999.)
87-2-505. (Effective March 1, 2006) Class B-10--nonresident big game combination license. (1) 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 or who will turn 12 years old of age before or during 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(1)(a) for applicants indicating their intent to use the services
of a licensed outfitter or to hunt while physically accompanied by a licensed Montana resident hunter
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
that entitles a holder who is 12 years of age or older 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 license as prescribed in
87-2-202. Not more than 17,000 Class B-10 licenses may be sold in any one 1 license year.
(2) A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-10 big game combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission."
Section 5. 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 who is not a resident, as defined in 87-2-102, but who is 12 years of age or
older or who will turn 12 years old of age before or during 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(1)(a) for applicants indicating their intent to use the services of
a licensed outfitter or, UPON PAYMENT OF THE FEE ESTABLISHED IN 87-1-268 IF THE LICENSE IS ONE OF
THE LICENSES RESERVED PURSUANT TO 87-2-511(1)(B) FOR APPLICANTS INDICATING THEIR INTENT to
hunt while physically accompanied by a licensed Montana resident hunter WHO IS A RELATIVE OF THE
APPLICANT, or upon payment of the fee of $250 if the license is one of those reserved pursuant to
87-2-511(1)(b)(1)(C) for applicants indicating their intent to hunt with a resident landowner 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 a holder who is 12 years of age or older to all the privileges of the Class B, Class B-1,
and Class B-7 licenses. This license includes the nonresident 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.
(3) A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-11 deer combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993; sec. 6, Ch. 544, L. 1999.)
87-2-510. (Effective March 1, 2006) Class B-11--nonresident deer combination license. (1) 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 or who will turn 12 years old of age before or during 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 EITHER to use the services of a
licensed outfitter, to hunt while physically accompanied by a licensed Montana resident hunter, or to
hunt with a resident landowner 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 a holder who is 12 years of age or
older to all the privileges of the Class B, Class B-1, and Class B-7 licenses. This license includes the
nonresident wildlife conservation license as prescribed in 87-2-202.
(2) Six thousand Class B-11 licenses are authorized for sale each license year.
(3) A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-11 deer combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission."
Section 6. 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) (a) 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:
(i) using the services of a licensed outfitter; or.
(ii)(B) THE DEPARTMENT SHALL RESERVE FROM THE POOL OF UNRESERVED LICENSES 1,000 CLASS
B-10 LICENSES AND 500 CLASS B-11 LICENSES FOR APPLICANTS who indicate their intent to hunt while
physically accompanied by a licensed Montana resident hunter WHO IS A RELATIVE OF THE APPLICANT. A
LICENSED MONTANA RESIDENT HUNTER WHO AGREES TO PHYSICALLY ACCOMPANY A NONRESIDENT
RELATIVE HUNTER PURSUANT TO THIS SUBSECTION (1)(B) MAY NOT SPONSOR MORE THAN TWO
APPLICANTS IN ANY LICENSE YEAR. THE APPLICANT MUST BE RELATED TO THE MONTANA RESIDENT
SPONSOR BY NO MORE THAN THE FOURTH DEGREE OF CONSANGUINITY OR AFFINITY. LICENSES
RESERVED PURSUANT TO THIS SUBSECTION (1)(B) MUST BE OFFERED ON A FIRST-COME, FIRST-SERVE
BASIS AND MAY NOT BE USED FOR COMMERCIAL PURPOSES. and
(b)(C) The department shall offer 2,000 of the authorized Class B-11 licenses reserved for applicants
indicating their intent to hunt with a resident landowner sponsor on land owned by that sponsor, as
provided in subsections (2) and (3).
(2) Each application for a resident-sponsored license under subsection subsections (1)(a)(ii) (1)(B) and
(1)(b) (1)(C) 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 a resident landowner 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. If there is a sufficient number of licenses set forth in subsection (1)(b) (1)(C), the
department shall issue a license to one applicant sponsored by each resident landowner who owns 640 or
more contiguous acres. If enough licenses remain for a second applicant for each resident landowner
sponsor, the department shall issue a license to the second applicant sponsored by each resident
landowner. The department shall conduct a drawing for any remaining resident-sponsored resident
landowner-sponsored licenses. If there is not a sufficient number of licenses set forth in subsection (1)(b)
(1)(C) to allow each resident landowner who owns 640 contiguous acres to sponsor one applicant, the
department shall conduct a drawing for the resident-sponsored resident landowner-sponsored licenses.
However, a resident landowner 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)(a)(i) 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)(a)(i) 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) THE HOLDER OF A RESIDENT LANDOWNER-SPONSORED LICENSE ISSUED TO A RELATIVE UNDER SUBSECTION (1)(B) MAY HUNT ONLY UNDER THE AUTHORITY OF THE LICENSE WHILE PHYSICALLY ACCOMPANIED BY THE LICENSED MONTANA RESIDENT HUNTER WHO SPONSORED THE LICENSE HOLDER.
(7)(8) 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)(9) 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)(10) 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 March 1, 2006--sec. 6,
Ch. 544, L. 1999.)
87-2-511. (Effective March 1, 2006) Sale of Class B-10 and Class B-11 licenses. (1) (a) 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:
(i) using the services of a licensed outfitter; or
(ii) who indicate their intent to hunt while physically accompanied by a licensed Montana resident
hunter. and
(b) The department shall offer AND 2,000 of the authorized Class B-11 licenses reserved for applicants
indicating their intent to hunt with a resident landowner sponsor on land owned by that sponsor, as
provided in subsections (2) and (3).
(2) Each application for a resident-sponsored license under subsection subsections (1)(a)(ii) and (1)(b)
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 a resident landowner 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)(a)(i) 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)(a)(i) 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 7. Section 87-2-512, MCA, is amended to read:
"87-2-512. (Temporary) Separation of Class B-7 license from Class B-10 license for deer management purposes -- disposition of license revenue. (1) The commission may by rule separate the Class B-7 license from the Class B-10 license and sell the separated Class B-7 license, giving a preference to any Class B-10 license holder to purchase one of the separated Class B-7 licenses. In the case of separated Class B-7 licenses that are not purchased by Class B-10 license holders, the commission, for purposes of sound deer management:
(a) may authorize the sale of not more than 5,000 Class B-7 licenses that have been separated from the Class B-10 licenses, as limited by 87-2-504;
(b) may authorize all or a portion of the separated Class B-7 licenses to be sold as Class B-11 combination licenses;
(c) shall set the fees for the separated licenses as follows:
(i) the fee for a Class B-10 license without the deer tag may not be more than the fee set in 87-2-505 for licenses in the general category and may not be more than the fee set by the commission for licenses in the outfitter-sponsored and resident-sponsored category as specified in 87-1-268; and
(ii) the fee for the separated Class B-11 licenses may not be more than the fees specified in 87-2-510 for licenses in the general and landowner-sponsored categories and may not be more than the fee set by the commission for licenses in the outfitter-sponsored and resident-sponsored category as specified in 87-1-268;
(d) may assign the separated Class B-7 or Class B-11 licenses for use in specific administrative regions, portions of administrative regions, hunting districts, or portions of hunting districts;
(e) may allocate a portion of the separated Class B-7 or Class B-11 licenses among the general and
resident landowner-sponsored categories established in 87-2-510 and 87-2-511(1)(b)(1)(C) but not count
those licenses as part of the statutory quotas, with the Class B-7 licenses then subject to the requirements
and procedures of 87-2-511;
(f) may allocate a portion of the separated Class B-7 or Class B-11 licenses to the outfitter-sponsored and resident-sponsored category subject to the requirements and procedures of 87-2-511, except that licenses in the outfitter-sponsored and resident-sponsored category may not comprise more than one-third of the licenses issued pursuant to this section and the number issued, when added to the number of Class B-11 licenses issued under 87-1-268, may not exceed 2,300 in any license year; and
(g) may condition the separated Class B-7 and Class B-11 licenses as appropriate and necessary to manage the harvest of deer, including restricting the use of a license to either mule deer or whitetail deer.
(2) The revenue from any Class B-11 licenses that have been separated from Class B-10 licenses must be deposited in the state special revenue account to the credit of the department and not allocated pursuant to other statutory requirements generally applicable to Class B-11 licenses. The revenue from Class B-10 licenses sold without a deer tag must be allocated in the same manner as revenue from Class B-10 licenses sold with a deer tag. (Terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)"
NEW SECTION. Section 7. Effective dates. (1) [Section 1 and this section] are effective on passage and
approval.
(2) [Sections 2 through 6] are effective March 1, 2002.
NEW SECTION. SECTION 8. EFFECTIVE DATE. [THIS ACT] IS EFFECTIVE MARCH 1, 2002.
NEW SECTION. SECTION 9. TERMINATION. [THIS ACT] TERMINATES MARCH 1, 2006.
- END -
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