1999 Montana Legislature

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SENATE BILL NO. 59

INTRODUCED BY J. WELLS

BY REQUEST OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS

Montana State Seal

AN ACT GENERALLY REVISING FISH AND GAME LICENSING STATUTES; AUTHORIZING THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO ESTABLISH HUNTING LICENSE PREFERENCE SYSTEMS; CLARIFYING WHEN A 12-YEAR-OLD PERSON MAY HUNT; ESTABLISHING ADDITIONAL APPLICATION FEES APPLICABLE TO RESIDENT AND NONRESIDENT HUNTING LICENSE APPLICANTS WHO CHOOSE TO PARTICIPATE IN A COMMISSION-ADOPTED PREFERENCE SYSTEM; ALLOWING A NONRESIDENT TO PAY $25 TO PARTICIPATE IN A PREFERENCE SYSTEM FOR DEER AND ELK PERMITS; AMENDING SECTIONS 87-1-301, 87-2-113, 87-2-401, 87-2-402, 87-2-404, 87-2-501, 87-2-504, 87-2-505, 87-2-507, 87-2-508, 87-2-510, 87-2-701, AND 87-2-711, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.



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



     Section 1.  Section 87-1-301, MCA, is amended to read:

     "87-1-301.  Powers of commission. (1) The commission shall:

     (a)  set the policies for the protection, preservation, and propagation of the wildlife, fish, game, furbearers, waterfowl, nongame species, and endangered species of the state and for the fulfillment of all other responsibilities of the department as provided by law;

     (b)  establish the hunting, fishing, and trapping rules of the department;

     (c)  establish the rules of the department governing the use of lands owned or controlled by the department and waters under the jurisdiction of the department;

     (d)  have the power within the department to establish wildlife refuges and bird and game preserves;

     (e)  approve all acquisitions or transfers by the department of interests in land or water;

     (f)  review and approve the budget of the department prior to its transmittal to the budget office; and

     (g)  review and approve construction projects whose estimated cost is more than $1,000 but less than $5,000.

     (2)  The commission may adopt rules regarding the use and type of archery equipment that may be employed for hunting and fishing purposes, taking into account applicable standards as technical innovations in archery equipment change.

     (3)  The commission may adopt rules regarding the establishment of special licenses or permits, seasons, conditions, programs, or other provisions that the commission considers appropriate to promote or enhance hunting by Montana's youth.

     (4)  (a) The commission may adopt rules regarding nonresident big game combination licenses to:

     (i)  separate deer licenses from nonresident elk combination licenses;

     (ii) set the fees for the separated deer combination licenses and the elk combination licenses without the deer tag;

     (iii) condition the use of the deer licenses; and

     (iv) limit the number of licenses sold.

     (b)  The commission may exercise the rulemaking authority in subsection (4)(a) when it is necessary and appropriate to regulate the harvest by nonresident big game combination license holders for the biologically sound management of big game populations of deer and elk and to control the impacts of those deer and elk populations on uses of private property.

     (5)  The commission may adopt rules establishing license preference systems to distribute hunting licenses and permits:

     (a)  giving an applicant who has been unsuccessful for a longer period of time priority over an applicant who has been unsuccessful for a shorter period of time; and

     (b)  giving a qualifying landowner a preference in drawings. As used in this subsection (5)(b), "qualifying landowner" means the owner of land that provides some significant habitat benefit for wildlife, as determined by the commission. (Subsection (4) terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)"



     Section 2.  Section 87-2-113, MCA, is amended to read:

     "87-2-113.  Drawing fee and application fees. (1) When the department determines a drawing is necessary prior to issuance of hunting licenses for any game species during a hunting season, it shall collect a $3 per species drawing fee with each application submitted.

     (2)  (a) If a resident participates in a preference system adopted by the commission, the department shall collect an additional application fee of $2 for each application form to fund the administration of the preference system.

     (b)  If a nonresident participates in a preference system adopted by the commission, the department shall collect an additional application fee of $20 for each application form to fund the administration of the preference system.

     (2)(3)  This fee Drawing fees collected pursuant to this section must be deposited in the state special revenue fund to the credit of the department as set forth in 87-1-601.

     (3)(4)  The payment of a drawing fee confers no hunting rights or privileges.

     (4)(5)  The commission may waive the provisions of subsection (1) when a drawing is required for a special season under 87-1-304."



     Section 3.  Section 87-2-401, MCA, is amended to read:

     "87-2-401.  Class A-1--resident upland game bird license. Except as otherwise provided, a resident, as defined by 87-2-102, who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued may, upon payment of a fee of $6, receive a Class A-1 license that entitles the holder a holder who is 12 years of age or older to hunt upland game birds and possess the carcasses of upland game birds as authorized by department rules."



     Section 4.  Section 87-2-402, MCA, is amended to read:

     "87-2-402.  Class B-1--nonresident upland game bird license. Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued, upon payment of a fee of $55 may receive a Class B-1 license that entitles the holder a holder who is 12 years of age or older to hunt upland game birds and possess the carcasses of upland game birds as authorized by department rules."



     Section 5.  Section 87-2-404, MCA, is amended to read:

     "87-2-404.  Three-day nonresident captive-reared bird hunting stamp. A person who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued and who is not a resident, as defined in 87-2-102, may, upon payment of a fee of $20, receive a 3-day nonresident shooting preserve bird hunting stamp that authorizes the holder a holder who is 12 years of age or older to hunt game specified under 87-4-522 on a shooting preserve licensed under 87-4-501 for 3 consecutive calendar days as indicated on the license."



     Section 6.  Section 87-2-501, MCA, is amended to read:

     "87-2-501.  Class A-3, A-4, A-5, A-6, A-7--resident deer, elk, and bear licenses -- special Class A-7 resident and nonresident license requirements and preference. (1) Except as otherwise provided in this chapter, a resident, as defined by 87-2-102, or a nonresident who wishes to purchase a Class A-7 elk license only and who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued, upon payment of the proper fee or fees, is entitled to purchase one each of the following licenses at the prescribed cost that will entitle the holder a holder who is 12 years of age or older to hunt the game animal or animals authorized by the license held and to possess the carcasses of those game animals as authorized by department rules:

     (a)  Class A-3, deer A tag, $13;

     (b)  Class A-4, deer B tag, $8;

     (c)  Class A-5, elk tag, $16;

     (d)  Class A-6, black bear tag, $15;

     (e)  Class A-7, antlerless elk tag, $16.

     (2)  (a) The holder of a Class A-7 antlerless elk license who is 12 years of age or older is entitled to hunt antlerless elk in areas designated by the commission and at the times and upon the terms set forth by the commission.

     (b)  A person may not take more than one elk during any license year, and a person holding a Class A-7 antlerless elk tag may not take an elk during the same license year with a Class A-5 license or nonresident elk tag. The use of Class A-7 antlerless elk licenses does not preclude the department's use of special elk permits.

     (c)  A nonresident shall hold a nonresident Class B-10 license as a prerequisite to application for a Class A-7 license.

     (3)  Subject to the limitation of subsection (5), a person who owns or is contracting to purchase 640 acres or more of contiguous land, at least some of which is used by elk, in a hunting district where Class A-7 licenses are awarded under this section must be issued, upon application, a Class A-7 license.

     (4)  An applicant who receives a Class A-7 license under subsection (3) may designate that the license be issued to an immediate family member or a person employed by the landowner. A corporation owning qualifying land under subsection (3) may designate one of its shareholders to receive the license.

     (5)  Fifteen percent of the Class A-7 licenses available each year under this section in a hunting district must be available to landowners under subsection (3)."



     Section 7.  Section 87-2-504, MCA, is amended to read:

     "87-2-504.  (Temporary) Class B-7 and B-8--nonresident deer licenses. (1) (a) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued and is a holder of a nonresident conservation license may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase one each of the following licenses:

     (i)  Class B-7, deer A tag, $175;

     (ii) Class B-8, deer B tag, $75.

     (b)  The license entitles the holder a holder who is 12 years of age or older to hunt the game animal or animals authorized by the license and to possess the carcasses of those animals as authorized by commission rules.

     (2)  Unless purchased as part of a Class B-10 or Class B-11 license, a Class B-7 license may be assigned for use in a specific administrative region or regions or a portion of a specific administrative region or regions or in a specific hunting district or districts or a portion of a specific hunting district or districts. If purchased as part of a Class B-10 or Class B-11 license, the Class B-7 license is valid throughout the state, except as provided in 87-2-512(1)(d). Not more than 5,000 Class B-7 licenses may be sold in any license year.

     (3)  The commission may prescribe the use of and set quotas for the sale of Class B-8 licenses by hunting districts, portions of a hunting district, groups of districts, or administrative regions. (Terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)

     87-2-504.  (Effective October 1, 2001) Class B-7 and B-8--nonresident deer licenses. Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued and is a holder of a nonresident conservation license may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase one each of the following licenses: Class B-7, deer A tag, $150; Class B-8, deer B tag, $50; and will entitle the holder a holder who is 12 years of age or older to hunt the game animal or animals authorized by the license held and to possess the carcasses of those animals as authorized by department rules. Unless purchased as part of a B-10 or B-11 license, a Class B-7 license must be assigned for use in a specific administrative region or portion of a specific administrative region. If purchased as part of a Class B-11 license, the Class B-7 license is valid throughout the state. Not more than 5,000 Class B-7 licenses may be sold in any license year. Money received from the sale of Class B-7 licenses in excess of 1,700 must be used as provided in 87-1-242(1). (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

     87-2-504.  (Effective March 1, 2006) Class B-7 and B-8--nonresident deer licenses. Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued and is a holder of a nonresident conservation license may, upon payment of the proper fee or fees and subject to the limitations prescribed by law and department regulation, be entitled to apply to the fish and game office, Helena, Montana, to purchase one each of the following licenses: Class B-7, deer A tag, $100; Class B-8, deer B tag, $50; and will entitle the holder a holder who is 12 years of age or older to hunt the game animal or animals authorized by the license held and to possess the carcasses of those animals as authorized by department rules. Unless purchased as part of a B-10 or B-11 license, a Class B-7 license must be assigned for use in a specific administrative region or portion of a specific administrative region. If purchased as part of a Class B-11 license, the Class B-7 license is valid throughout the state."



     Section 8.  Section 87-2-505, MCA, is amended to read:

     "87-2-505.  (Temporary) Class B-10--nonresident big game combination license. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued may, upon payment of the fee of $475 or upon payment of the fee established as provided in 87-1-268 if the license is one of the licenses reserved pursuant to 87-2-511 for applicants indicating their intent to use the services of a licensed outfitter and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a B-10 nonresident big game combination license that entitles the holder a holder who is 12 years of age or older to all the privileges of Class B, Class B-1, and Class B-7 licenses and an elk tag. This license includes the nonresident conservation license as prescribed in 87-2-202. Not more than 11,500 unreserved Class B-10 licenses may be sold in any 1 license year.

     (2)  A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-10 big game combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)

     87-2-505.  (Effective October 1, 2001) Class B-10--nonresident big game combination license. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued may, upon payment of the fee of $462 beginning March 1, 1992, and $475 beginning March 1, 1994, or upon payment of the fee of $472 beginning March 1, 1992, and $485 beginning March 1, 1994, if the license is one of the 5,600 licenses reserved pursuant to 87-2-511 for applicants indicating their intent to use the services of a licensed outfitter and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a B-10 nonresident big game combination license which shall entitle the holder a holder who is 12 years of age or older to all the privileges of Class B, Class B-1, and Class B-7 licenses, and an elk tag. This license includes the nonresident conservation license as prescribed in 87-2-202. Not more than 17,000 Class B-10 licenses may be sold in any one license year.

     (2)  A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-10 big game combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

     87-2-505.  (Effective March 1, 2006) Class B-10--nonresident big game combination license. (1) Except as otherwise provided in this chapter, a person not a resident, as defined in 87-2-102, but who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued may, upon payment of the fee of $398 or upon payment of the fee of $408 if the license is one of the 5,600 licenses reserved pursuant to 87-2-511 for applicants indicating their intent to use the services of a licensed outfitter and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a B-10 nonresident big game combination license which shall entitle the holder a holder who is 12 years of age or older to all the privileges of Class B, Class B-1, and Class B-7 licenses, and an elk tag. This license includes the nonresident conservation license as prescribed in 87-2-202. Not more than 17,000 Class B-10 licenses may be sold in any one license year.

     (2)  A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-10 big game combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission."



     Section 9.  Section 87-2-507, MCA, is amended to read:

     "87-2-507.  (Temporary) Class D-1--nonresident mountain lion license. Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued, upon payment of a fee of $320 may receive a Class D-1 license that entitles the holder a holder who is 12 years of age or older to hunt mountain lion and possess the carcass of the mountain lion as authorized by department rules. If a holder of a valid mountain lion license under this section kills a mountain lion, the licensee shall purchase a trophy license for a fee of $50 within 10 days after the date of kill. The trophy license authorizes the holder to possess and transport the trophy. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

     87-2-507.  (Effective March 1, 2006) Class D-1--nonresident mountain lion license. Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued, upon payment of a fee of $300 may receive a Class D-1 license that entitles the holder a holder who is 12 years of age or older to hunt mountain lion and possess the carcass of the mountain lion as authorized by department rules. If a holder of a valid mountain lion license under this section kills a mountain lion, the licensee shall purchase a trophy license for a fee of $50 within 10 days after the date of kill. The trophy license authorizes the holder to possess and transport the trophy."



     Section 10.  Section 87-2-508, MCA, is amended to read:

     "87-2-508.  Class D-2--resident mountain lion license. Except as otherwise provided in this chapter, a person who is a resident, as defined in 87-2-102, and who is 12 years of age or older or who will turn 12 years old before or during the season for which the license is issued, upon payment of a fee of $15, may receive a Class D-2 license that entitles the holder a holder who is 12 years of age or older to hunt mountain lion and possess the carcass of the mountain lion as authorized by department rules. If a holder of a valid mountain lion license under this section kills a mountain lion, the licensee shall purchase a trophy license for a fee of $50 within 10 days after the date of kill. The trophy license authorizes the holder to possess and transport the trophy."



     Section 11.  Section 87-2-510, MCA, is amended to read:

     "87-2-510.  (Temporary) Class B-11--nonresident deer combination license. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued may, upon payment of a fee of $245 or upon payment of the fee established as provided in 87-1-268 if the license is one of those reserved pursuant to 87-2-511 for applicants indicating their intent to use the services of a licensed outfitter or upon payment of the fee of $250 if the license is one of those reserved pursuant to 87-2-511 for applicants indicating their intent to hunt with a resident sponsor on land owned by that sponsor and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles the holder a holder who is 12 years of age or older to all the privileges of the Class B, Class B-1, and Class B-7 licenses. This license includes the nonresident wildlife conservation license as prescribed in 87-2-202.

     (2)  Not more than 2,300 unreserved Class B-11 licenses may be sold in any 1 license year.

     (3)  A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-11 deer combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)

     87-2-510.  (Effective October 1, 2001) Class B-11--nonresident deer combination license. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued may, upon payment of a fee of $245 or upon payment of the fee of $250 if the license is one of the 4,000 reserved pursuant to 87-2-511 for applicants indicating their intent either to use the services of a licensed outfitter or to hunt with a resident sponsor on land owned by that sponsor and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles the holder a holder who is 12 years of age or older to all the privileges of the Class B, Class B-1, and Class B-7 licenses. This license includes the nonresident wildlife conservation license as prescribed in 87-2-202.

     (2)  Six thousand Class B-11 licenses are authorized for sale each license year.

     (3)  A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-11 deer combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

     87-2-510.  (Effective March 1, 2006) Class B-11--nonresident deer combination license. (1) Except as otherwise provided in this chapter, a person who is not a resident, as defined in 87-2-102, but who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued may, upon payment of a fee of $220 or upon payment of the fee of $225 if the license is one of the 4,000 reserved pursuant to 87-2-511 for applicants indicating their intent either to use the services of a licensed outfitter or to hunt with a resident sponsor on land owned by that sponsor and subject to the limitations prescribed by law and department regulation, apply to the fish and game office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles the holder a holder who is 12 years of age or older to all the privileges of the Class B, Class B-1, and Class B-7 licenses. This license includes the nonresident wildlife conservation license as prescribed in 87-2-202.

     (2)  Six thousand Class B-11 licenses are authorized for sale each license year.

     (3)  A person who is not a resident, as defined in 87-2-102, who is unsuccessful in the Class B-11 deer combination license drawing may pay a fee of $25 to participate in a preference system for deer and elk permits established by the commission."



     Section 12.  Section 87-2-701, MCA, is amended to read:

     "87-2-701.  (Temporary) Special licenses. (1) An applicant who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued and is the holder of a resident wildlife conservation license or a nonresident wildlife conservation license may apply for a special license that, in the judgment of the department, is to be issued and shall pay the following fees:

     (a)  moose--resident, $75; nonresident, $475;

     (b)  mountain goat--resident, $75; nonresident, $475;

     (c)  mountain sheep--resident, $75; nonresident, $475;

     (d)  antelope--resident, $11; nonresident, $150;

     (e)  grizzly bear--resident, $50; nonresident, $300;

     (f)  black bear--nonresident, $120.

     (2)  If a holder of a valid special grizzly bear license who is 12 years of age or older kills a grizzly bear, the person shall purchase a trophy license for a fee of $25 within 10 days after date of kill. The trophy license authorizes the holder to possess and transport the trophy.

     (3)  Special licenses must be issued in a manner prescribed by the department. (Terminates March 1, 2006--secs. 1, 2, Ch. 241, L. 1993.)

     87-2-701.  (Effective March 1, 2006) Special licenses. (1) An applicant who will be is 12 years of age or older prior to September 15 of or who will turn 12 years old before or during the season for which the license is issued and is the holder of a resident wildlife conservation license or a nonresident wildlife conservation license may apply for a special license that, in the judgment of the department, is to be issued and shall pay the following fees:

     (a)  moose--resident, $75; nonresident, $455;

     (b)  mountain goat--resident, $75; nonresident, $455;

     (c)  mountain sheep--resident, $75; nonresident, $455;

     (d)  antelope--resident, $11; nonresident, $130;

     (e)  grizzly bear--resident, $50; nonresident, $300;

     (f)  black bear--nonresident, $100.

     (2)  If a holder of a valid special grizzly bear license who is 12 years of age or older kills a grizzly bear, the person shall purchase a trophy license for a fee of $25 within 10 days after date of kill. The trophy license authorizes the holder to possess and transport the trophy.

     (3)  Special licenses must be issued in a manner prescribed by the department."



     Section 13.  Section 87-2-711, MCA, is amended to read:

     "87-2-711.  Class AAA--combination sports license. (1) A resident, as defined by 87-2-102, who will be is 12 years of age or older before September 15 of or who will turn 12 years old before or during the season for which the license is issued is entitled to:

     (a)  upon payment of the sum of $54, a combination sports license that permits the holder a holder who is 12 years of age or older to exercise all rights granted to holders of Class A, A-1, A-3, A-5, and resident conservation licenses as prescribed in 87-2-202; or

     (b)  upon payment of the sum of $64, a combination sports license that permits the holder a holder who is 12 years of age or older to exercise all rights granted in subsection (1)(a) and the additional rights granted to holders of a Class A-6 license.

     (2)  The department may furnish each holder of a combination sports license an appropriate decal."



     Section 14.  Effective date. [This act] is effective October 1, 2000.

- END -




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