_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT revising laws related to the issuance of elk hunting licenses used on private land; establishing a landowner-sponsored nonresident elk-only combination license; providing an antlerless elk-only option to all hunters with additional bonus points for those who exercise it; AMENDING SECTION 87-2-117, MCA; and PROVIDING A DELAYED EFFECTIVE DATE."

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

NEW SECTION. Section 1. Class B-13--landowner-sponsored nonresident elk-only combination license. (1) The department shall offer for sale, for the same fee established in 87-2-511(6), Class B-13 landowner-sponsored nonresident elk-only combination licenses to persons otherwise qualified to purchase a license pursuant to this part and who are sponsored by a qualifying landowner to hunt solely on that landowner's deeded land or property in accordance with rules adopted by the commission for a general elk license in the applicable hunting district.

(2) A landowner may sponsor up to 10 license applicants pursuant to this section if the landowner owns 640 or more contiguous acres within a hunting district where the sustainable population number for elk, as calculated pursuant to 87-1-323, is at objective as determined by the department's most recent elk survey count. If the most recent elk survey count is above or below the sustainable population number, a landowner does not qualify.

(3) Licenses issued pursuant to this section are in addition to nonresident elk-only combination licenses available for sale pursuant to 87-2-511(6).

(4) A person who obtains a license pursuant to this section may not, in the same license year, obtain a nonresident elk-only combination license pursuant to 87-2-511(6) or a Class B-10 nonresident big game combination license.

NEW SECTION. Section 2. Antlerless elk-only option -- bonus points. (1) A person who obtains a Class A-5 elk tag or an equivalent nonresident elk tag may, at the time of issuance, indicate the person will only use the tag to hunt antlerless elk between August 15 and February 15 on private land in hunting districts where the elk population is above the sustainable population number established pursuant to 87-1-323 as determined by the department's most recent elk survey count.

(2) A person who exercises the option in subsection (1):

(a) may not apply for an elk permit by drawing within the same license year; and

(b) may buy a single bonus point in the same license year pursuant to 87-2-117(2)(b) due to nonparticipation in a drawing and receive an additional five elk species bonus points for a total of six elk species bonus points each license year the person exercises the option in subsection (1).

Section 3. Section 87-2-117, MCA, is amended to read:

"87-2-117. License bonus point system. (1) The commission shall establish a bonus point system that gives an applicant who has purchased more bonus points more chances in a drawing to receive a license, tag, or permit over an applicant who has purchased fewer bonus points.

(2) A Subject to the provisions of [section 2], a person may purchase only one bonus point per species per license year and may:

(a) purchase a bonus point when applying for a license, tag, or permit by paying the fee established in 87-2-113(2) per species; or

(b) purchase a bonus point without applying for a license, tag, or permit by paying the fee established in subsection (5). An applicant not applying for a license, tag, or permit may purchase a bonus point only between July 1 and September 30 in the current license year.

(3) The department may only apply any accumulated bonus points to a person's chance to obtain a license, tag, or permit if the person purchases a bonus point when applying for the license, tag, or permit.

(4) Bonus points may only be applied to first choice drawings.

(5) (a) A resident who does not apply for a license, tag, or permit may purchase a bonus point for $15 for each species for which a bonus point is made available by the commission.

(b) A nonresident who does not apply for a license, tag, or permit may purchase a bonus point for $25 for each species for which a bonus point is made available by the commission, except that the fee is $75 for moose, mountain goat, mountain sheep, and wild buffalo or bison.

(6) The department may not delete a person's accumulated bonus points unless the person obtains the license, tag, or permit associated with the bonus points, in which case the department shall delete the person's accumulated bonus points.

(7) (a) Except as provided in subsection (7)(b), the department shall square the number of points purchased by a person per species when conducting drawings for licenses, tags, and permits.

(b) For persons applying for licenses, tags, or permits as a party, the department shall calculate the average number of bonus points accumulated by the individuals listed on the party application, rounded to the nearest whole number, and square the average. Each individual retains their own bonus points unless the party obtains the licenses, tags, or permits associated with the bonus points, in which case the department shall delete each person's accumulated bonus points."

NEW SECTION. Section 4. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 87, chapter 2, part 5, and the provisions of Title 87, chapter 2, part 5, apply to [sections 1 and 2].

NEW SECTION. Section 5. Effective date. [This act] is effective March 1, 2022.