Senate bill NO. 280

INTRODUCED BY M. Lang, R. Knudsen

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING BIRD DOG TRAINING LAWS; REQUIRING A LICENSE TO USE WILD GAME BIRDS; REVISING RULEMAKING AUTHORITY; AMENDING SECTIONS 87-3-602 AND 87-3-604, MCA; AND PROVIDING an immediate EFFECTIVE DATE.

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

Section 1. Section 87-3-602, MCA, is amended to read:

"87-3-602. Training bird hunting dogs -- Class D-5 license. (1) (a) Training of bird hunting dogs using game birds not raised in captivity is allowed with the purchase of a Class D-5 license and pursuant to the requirements of this part.

(b)        A Class D-5 license is required for training bird dogs using game birds not raised in captivity. A person who is at least 18 years of age or older or who will turn 18 years of age during the season for which the license is issued may purchase a license for a fee of $5 for residents and $10 for nonresidents. The department may issue a free resident or nonresident Class D-5 license to a youth who is 12 to 18 years of age.

(2)        A A Class D-5 license is not required for a person training bird hunting dogs with a method that kills game birds raised in captivity. A person shall tag or mark the captive game bird prior to release. Game Captive game birds must be obtained from a game bird farm licensed under 87-4-903 or from a source of game birds approved by the department.

(3)        A person who takes an untagged or unmarked game bird while training a bird hunting dog outside of the established season for that species or who is not licensed to take that species shall immediately report the taking to a representative of the department."

Section 2. Section 87-3-604, MCA, is amended to read:

"87-3-604. Rulemaking authority. The department commission may shall adopt rules to implement the provisions of this part, including limiting the number of Class D-5 licenses."

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