Senate bill NO. 139

INTRODUCED BY T. McGillvray, P. Fielder, J. Hinkle, B. Brown

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT providing an exception to the requirement to purchase a nonresident hound handler license; and AMENDING SECTION 87-2-519, MCA."

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

Section 1. Section 87-2-519, MCA, is amended to read:

"87-2-519. Class D-4--nonresident hound license. (1) Except as provided in subsections (5) and (6), in order for a nonresident to use a dog or dogs to aid in the pursuit or harvest of mountain lions or black bears, the nonresident shall first purchase, for a fee of $250, a Class D-4 nonresident hound license. To be eligible, the nonresident must be:

(a)        at least 18 years of age or older or turn 18 years of age before or during the season for which the license is issued; and

(b)        a holder of a nonresident wildlife conservation license and a Class D-1 nonresident mountain lion license or a special nonresident black bear license.

(2)        Not more than 80 Class D-4 licenses may be sold in any 1 license year.

(3)        A Class D-4 license must be used as authorized by this section and any rule adopted by the department or commission.

(4)        A holder of a Class D-4 license may only pursue mountain lions or black bears for the purpose of personally harvesting an animal and may not assist any other person in the pursuit of a lion or bear for harvest.

(5)        A nonresident is not required to have a Class D-4 license to use a dog or dogs to aid in the pursuit or harvest of mountain lions or black bears when the nonresident:

(a)        is hunting with an outfitter licensed pursuant to Title 37, chapter 47, part 3; or

(b)        is a nonresident landowner who owns 640 or more contiguous acres. Nonpaying guests of the nonresident landowner may also hunt and pursue mountain lions or black bears on the landowner's property and any adjacent public land within 2 miles of the landowner's property without a Class D-4 license; or

(c)        is hunting or pursuing mountain lions as a nonpaying guest of a resident who holds a license or licenses that entitles the holder to use a dog or dogs to aid in the pursuit or harvest of mountain lions.

(6)        A nonresident outfitter or guide licensed pursuant to Title 37, chapter 47, part 3, is not required to have a Class D-4 license.

(7)        After recovering the costs associated with license administration, the department shall use revenue collected from the sale of licenses pursuant to this section for the management, conservation, and monitoring of mountain lions and black bears."