House bill NO. 854

INTRODUCED BY B. Carter, T. Smith

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING TRAPPERS TO POST WARNING SIGNS WHEN SETting TRAPS OR SNARES ON PUBLIC LAND; REQUIRING THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO CREATE A DOWNLOADABLE SIGN or provide printed signs for a fee; PROVIDING SIGNAGE REQUIREMENTS; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

NEW SECTION. Section 1. Warning signs for traps and snares. (1) The department shall require a trapper to post a warning sign at trailheads and other customary access points where traps or snares are located on public lands that are administered by the department.

(2)        The department shall provide a downloadable, printable warning sign on their website or provide a printed sign for a fee equivalent to the actual cost to the department for producing the sign.

(3)        The warning sign must:

(a)        be no smaller than 8.5 inches wide x 11 inches tall;

(b)        be able to withstand changing weather conditions;

(c)        contain the following title with letters that must be at least 1 inch in height:

"Notice: traps or snares are set in this area";

(d)        contain the following statement beneath the title:

"It is unlawful to destroy, disturb, or remove any trap or snare belonging to another person or to remove wildlife from a trap or snare without permission of the owner of the trap or snare. Exception: From March 1 to October 1 a person may remove a trap or snare if the trap or snare would endanger livestock. If you disturb a trap or snare, please contact Fish, Wildlife, and Parks"; and

(e)        contain the current phone number of the department.

(4)        If the warning sign is illegible or missing, it is the responsibility of the trapper to replace the sign within 24 hours of noticing the need for a new sign or of being informed by another party that the sign is illegible or missing.

(5)        The trapper shall remove signs only after the trapper's traps and snares are removed.

(6)        A trapper who fails to post warning signs or to keep them visible and legible at trailheads and other customary access points on public lands shall be punished by a fine of not less than $100 or more than $500 for each infraction. The third infraction may result in a loss of trapping privileges.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 87, chapter 2, part 6, and the provisions of Title 87, chapter 2, part 6, apply to [section 1].

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.