_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO GRIZZLY BEARS; PROHIBITING CERTAIN HUNTING AND TRAPPING IN AREAS OCCUPIED BY GRIZZLY BEARS; REQUIRING THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO CREATE AND UPDATE MAPS OF GRIZZLY BEAR DISTRIBUTION; providing priority for the department and the Fish and wildlife commission regarding the capture and translocation of grizzly bears for genetic exchange between ecosystems; providing reporting requirements; providing rulemaking authority; PROVIDING AN APPROPRIATION; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

NEW SECTION. Section 1. Hunting and trapping in areas occupied by grizzly bears. (1) A person may not hunt black bears with the aid of a dog or dogs in a grizzly bear distribution area, as determined and mapped by the department in accordance with subsection (3).

(2)        (a) A wolf trapping season set by the commission in a grizzly bear distribution area, as determined and mapped by the department in accordance with subsection (3), may not begin until grizzly bear activity has substantially decreased, as determined by the department based on a real-time assessment of denning conditions.

(b)        If the commission, in its discretion, sets a wolf trapping season and the department does not select a date for the season to begin prior to December 31, the season will open on December 31. The season will close no later than March 15 but may close earlier if grizzly bear emergence from dens has substantially increased, as determined by the department based on a real-time assessment of denning conditions.

(c)        This subsection (2) applies to wolf trapping that allows snares and foothold traps in addition to other trapping methods.

(3)        (a) For delisted grizzly bear populations, the mapped area defining grizzly bear distribution must be the same as the grizzly bear distribution area mapped when the grizzly bear was delisted.

(b)        In addition to the map describing grizzly bear distribution at the date of delisting provided in subsection (3)(a), the department shall continue to map contemporary grizzly bear distribution and present to the environmental quality council in September of even-numbered years in accordance with 5-11-210.

(4)        The commission and department may adopt rules necessary to implement this section.

NEW SECTION. Section 2. Capture and translocation of grizzly bears for genetic exchange between ecosystems. To the greatest extent possible and in accordance with 87-5-301, the department and commission shall prioritize genetic exchange between ecosystems when capturing and translocating a grizzly bear.

NEW SECTION. Section 3. Appropriation. (1) For the biennium beginning July 1, 2023, in each fiscal year there is appropriated to the department of fish, wildlife, and parks $150,000 from the state special revenue fund established in 87-1-601 for the capture and translocation of grizzly bears for genetic exchange between ecosystems.

(2)        The money appropriated in subsection (1) must fund the positions of 2.0 FTE to implement this section.

(3)        The legislature intends for the appropriation provided in subsection (1) be considered a part of the ongoing base for the next legislative session.

NEW SECTION. Section 4. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 87, chapter 5, part 3, and the provisions of Title 87, chapter 5, part 3, apply to [sections 1 and 2].

NEW SECTION. Section 5. Effective date. [This act] is effective on passage and approval.