1999 Montana Legislature

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SENATE BILL NO. 324

INTRODUCED BY K. MILLER



A BILL FOR AN ACT ENTITLED: "AN ACT SUBMITTING TO THE ELECTORS THE REQUIREMENT THAT THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS REDUCE BY 10 PERCENT EACH YEAR FOR 4 YEARS THE NUMBERS OF NONRESIDENT BIG GAME LICENSES THAT ARE AUTHORIZED FOR SALE; AMENDING SECTIONS 87-1-268, 87-2-504, 87-2-505, 87-2-506, 87-2-507, 87-2-510, 87-2-511, AND 87-2-512, MCA; AND PROVIDING AN EFFECTIVE DATE."



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



     Section 1.  Section 87-1-268, MCA, is amended to read:

     "87-1-268.  (Temporary) Variable pricing of outfitter-sponsored Class B-10 and B-11 licenses. The commission shall annually set fees for outfitter-sponsored Class B-10 and Class B-11 licenses allowed under 87-2-505 and 87-2-510. The fees must be set at a market rate intended to sell as close to but not more than an average of 5,500 the number of Class B-10 licenses and 2,300 Class B-11 licenses authorized under Title 87, chapter 2, each year, calculated over a 5-year period. The sale period for the licenses must be established so that by the last date in the established period, those licenses that are unsold, up to 5,500 Class B-10 licenses and 2,300 Class B-11 licenses, may be reallocated by the commission for a drawing at a price set by the commission. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)"



     Section 2.  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 12 years of age or older prior to September 15 of 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 wildlife, and parks 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 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 The department may not authorize for sale more than the number of licenses provided for in subsection (4).

     (3)  The Subject to subsection (4), 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.

     (4) The commission shall reduce by 10% for the 2001 license year the number of Class B-7 and Class B-8 nonresident deer licenses that are authorized for sale. For purposes of this section, the department shall use the number of licenses sold during the 2000 license year as the number on which to base the first 10% reduction. (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. (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 12 years of age or older prior to September 15 of 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 subsection (2), other law, and department regulation, be entitled to apply to the fish, and game wildlife, and parks 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 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 The department may not authorize for sale more than the number of Class B-7 or Class B-8 licenses provided for in subsection (2). 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).

     (2) The department shall reduce by 10% from the previous license year the number of Class B-7 and Class B-8 nonresident deer licenses that are authorized for sale until after the 2004 license year. After the 2004 license year, the number of licenses authorized for sale must remain at the 2004 level. (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. (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 12 years of age or older prior to September 15 of 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 other law, and department regulation, and subsection (2) be entitled to apply to the fish, and game wildlife, and parks 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 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.

     (2) The number of Class B-7 and Class B-8 nonresident licenses authorized for sale must remain at the license year 2004 level."



     Section 3.  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 not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of 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 wildlife, and parks office, Helena, Montana, to purchase a B-10 nonresident big game combination license that entitles the holder 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 The department may not authorize for sale more than the number of Class B-10 nonresident big game combination licenses provided for in subsection (2).

     (2) The department shall reduce by 10% for the 2001 license year the number of Class B-10 nonresident big game licenses that are authorized for sale. For purposes of this section, the department shall use the number of licenses sold during the 2000 license year as the number on which to base the first 10% reduction. (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 not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of 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 subsection (2), other law, and department regulation, apply to the fish, and game wildlife, and parks office, Helena, Montana, to purchase a B-10 nonresident big game combination license which shall entitle the holder 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 The department may not authorize for sale more than the number of licenses provided for in subsection (2).

     (2) The department shall reduce by 10% from the previous license year the number of Class B-10 nonresident big game combination licenses that are authorized for sale until after the 2004 license year. After the 2004 license year, the number of licenses authorized for sale must remain at the 2004 level. (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 12 years of age or older prior to September 15 of 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 other law, and department regulation, and subsection (2), apply to the fish, and game wildlife, and parks office, Helena, Montana, to purchase a B-10 nonresident big game combination license, which shall entitle entitles the holder 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 The department may not authorize for sale more than the number of licenses provided for in subsection (2).

     (2) The number of Class B-10 nonresident big game combination licenses authorized for sale must remain at the license year 2004 level."



     Section 4.  Section 87-2-506, MCA, is amended to read:

     "87-2-506.  Restrictions on hunting licenses. (1) The department may prescribe by rule the number of hunting licenses to be issued shall reduce by 10% each license year until 2004 the number of all nonresident licenses it makes available for sale. The department shall use the numbers of each class of nonresident licenses sold during the 2000 license year as the number on which to base the first 10% reduction. In succeeding years, the number of nonresident big game hunting licenses authorized for sale must remain at the license year 2004 level. Any license sold may be restricted to a specific administrative region, hunting district, or other designated area and may specify the species, age, and sex to be taken and the time period for which the license is valid.

     (2)  When the number of valid resident applications for big game licenses or permits of a single class or type exceeds the number of licenses or permits the department desires to issue in an administrative region, hunting district, or other designated area, then the number of big game licenses or permits issued to nonresident license or permit holders in the region, district, or area may not exceed 10% of the total issued."



     Section 5.  Section 87-2-507, MCA, is amended to read:

     "87-2-507.  (Temporary) Class D-1--nonresident mountain lion license. (1) 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, upon payment of a fee of $320 may receive a Class D-1 license that entitles the holder to hunt mountain lion and possess the carcass of the mountain lion as authorized by department rules and subject to subsection (2). 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.

     (2) The department shall reduce by 10% each license year until 2004 the number of all Class D-1 nonresident mountain lion licenses it makes available for sale. The department shall use the number of Class D-1 nonresident mountain lion licenses sold during the 2000 license year as the number on which to base the first 10% reduction. The number of Class D-1 nonresident mountain lion licenses authorized for sale must remain at the license year 2004 level. (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. (1) 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, upon payment of a fee of $300 may receive a Class D-1 license that entitles the holder 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.

     (2) The number of Class D-1 nonresident mountain lion licenses authorized for sale must remain at the license year 2004 level."



     Section 6.  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 not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of 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 wildlife, and parks office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles the holder 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. The department may not authorize for sale more than the number of licenses provided for in subsection (2).

     (2)  Not more than 2,300 unreserved Class B-11 licenses may be sold in any 1 license year. The department shall reduce by 10% for license year 2001 the number of Class B-11 nonresident deer combination licenses that are authorized for sale. For purposes of this section, the department shall use the number of Class B-11 nonresident deer combination licenses sold during the 2000 license year as the number on which to base the 10% reduction. (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 not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of 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 those 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 subsection (2), other law, and department regulation, apply to the fish, and game wildlife, and parks office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles the holder 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 The department shall reduce by 10% from the previous license year the number of Class B-11 nonresident deer combination licenses that are authorized for sale until after the 2004 license year. After the 2004 license year, the number of Class B-11 nonresident deer combination licenses authorized for sale must remain at the license year 2004 level. (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 not a resident, as defined in 87-2-102, but who will be 12 years of age or older prior to September 15 of 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 those 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 other law, and department regulation, and subsection (2), apply to the fish, and game wildlife, and parks office, Helena, Montana, to purchase a Class B-11 nonresident deer combination license that entitles the holder 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 The number of Class B-11 nonresident deer combination licenses authorized for sale must remain at the license year 2004 level."



     Section 7.  Section 87-2-511, MCA, is amended to read:

     "87-2-511.  (Temporary) Sale and use of Class B-10 and Class B-11 licenses. (1) The department shall offer the Class B-10 and Class B-11 licenses for sale on March 15, with a number of authorized Class B-10 and Class B-11 licenses, as determined under 87-1-268 and subsection (10), reserved for applicants using the services of a licensed outfitter and 2,000 a percentage determined by the department of the authorized Class B-11 licenses reserved for applicants indicating their intent to hunt with a resident sponsor on land owned by that sponsor, as provided in subsections (2) and (3).

     (2)  Each application for a resident-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant intends to hunt with a resident sponsor and must indicate the name of the resident sponsor with whom the applicant intends to hunt. In addition, the application must be accompanied by a certificate that is signed by a resident sponsor and that affirms that the resident sponsor will:

     (a)  direct the applicant's hunting and advise the applicant of game and trespass laws of the state;

     (b)  submit to the department, in a manner prescribed by the department, complete records of who hunted with the resident sponsor, where they hunted, and what game was taken; and

     (c)  accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

     (3)  The certificate signed by the resident sponsor pursuant to subsection (2) must also affirm that the sponsor is a landowner and that the applicant under the certificate will hunt only on land owned by the sponsor. A resident sponsor of a Class B-11 license may submit no more than 20 certificates of sponsorship in any license year prior to expiration of the moratorium established in 37-47-315, after which no more than 10 certificates of sponsorship may be submitted in any license year.

     (4)  Each application for an outfitter-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant will hunt with a licensed outfitter for all big game hunted by the applicant under the license and must indicate the name of the licensed outfitter with whom the applicant will hunt. In addition, the application must be accompanied by a certificate that is signed by a licensed outfitter and that affirms that the outfitter will:

     (a)  accompany the applicant;

     (b)  provide guiding services for the species hunted by the applicant;

     (c)  direct the applicant's hunting for all big game hunted by the applicant under the license and advise the applicant of game and trespass laws of the state;

     (d)  submit to the department, in a manner prescribed by the department, complete records of who hunted with the outfitter, where they hunted, and what game was taken; and

     (e)  accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

     (5)  An outfitter-sponsored license under subsection (1) is valid only when used in compliance with the affirmations of the applicant and outfitter required under subsection (4). If the sponsoring outfitter is unavailable or if the applicant wishes to use the services of separate outfitters for hunting different species of game, an outfitter-sponsored license may be used with a substitute licensed outfitter, in compliance with the affirmations under subsection (4), upon advance written notification to the board by the sponsoring licensed outfitter or the substitute outfitter.

     (6)  A nonresident who hunts under the authority of a resident landowner-sponsored license shall conduct all deer hunting on the deeded lands of the sponsoring landowner.

     (7)  Any permits or tags secured as a result of obtaining a Class B-10 or Class B-11 license through an outfitter sponsor are valid only when hunting is conducted with a licensed outfitter.

     (8)  The department shall make the reserved outfitter-sponsored Class B-10 and Class B-11 licenses that remain unsold available as provided in 87-1-268.

     (9)  All Class B-10 and Class B-11 licenses that are not reserved under subsection (1) must be issued by a drawing among all applicants for the respective unreserved licenses.

     (10) The department shall reduce by 10% for license year 2001 the number of Class B-10 and Class B-11 nonresident big game licenses that are authorized for sale. For purposes of this section, the department shall use the number of licenses sold during the 2000 license year as the number on which to base the first 10% reduction. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)

     87-2-511.  (Effective October 1, 2001) Sale of Class B-10 and Class B-11 licenses. (1) The department shall offer the Class B-10 and Class B-11 licenses for sale on March 15, with 5,600 a percentage determined by the department of the authorized Class B-10 licenses and 2,000 Class B-11 licenses reserved for applicants using the services of a licensed outfitter and 2,000 a percentage determined by the department of the authorized Class B-11 licenses reserved for applicants indicating their intent to hunt with a resident sponsor on land owned by that sponsor, as provided in subsections (2) and (3).

     (2)  Each application for a resident-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant intends to hunt with a resident sponsor and must indicate the name of the resident sponsor with whom the applicant intends to hunt. In addition, the application must be accompanied by a certificate that is signed by a resident sponsor and that affirms that the resident sponsor will:

     (a)  direct the applicant's hunting and advise the applicant of game and trespass laws of the state;

     (b)  submit to the department, in a manner prescribed by the department, complete records of who hunted with the resident sponsor, where they hunted, and what game was taken; and

     (c)  accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

     (3)  The certificate signed by the resident sponsor pursuant to subsection (2) must also affirm that the sponsor is a landowner and that the applicant under the certificate will hunt only on land owned by the sponsor.

     (4)  Each application for an outfitter-sponsored license under subsection (1) must contain a written affirmation by the applicant that the applicant will hunt with a licensed outfitter for all big game hunted by the applicant under the license and must indicate the name of the licensed outfitter with whom the applicant will hunt. In addition, the application must be accompanied by a certificate that is signed by a licensed outfitter and that affirms that the outfitter will:

     (a)  accompany the applicant;

     (b)  provide guiding services for the species hunted by the applicant;

     (c)  direct the applicant's hunting for all big game hunted by the applicant under the license and advise the applicant of game and trespass laws of the state;

     (d)  submit to the department, in a manner prescribed by the department, complete records of who hunted with the outfitter, where they hunted, and what game was taken; and

     (e)  accept no monetary consideration for enabling the nonresident applicant to obtain a license or for providing any services or assistance to the nonresident applicant, except as provided in Title 37, chapter 47, and this title.

     (5)  An outfitter-sponsored license under subsection (1) is valid only when used in compliance with the affirmations of the applicant and outfitter required under subsection (4). If the sponsoring outfitter is unavailable or if the applicant wishes to use the services of separate outfitters for hunting different species of game, an outfitter-sponsored license may be used with a substitute licensed outfitter, in compliance with the affirmations under subsection (4), upon advance written notification to the board by the sponsoring licensed outfitter or the substitute outfitter.

     (6)  The department shall make the reserved Class B-10 and Class B-11 licenses that remain unsold on April 15 available to nonresident applicants without restriction as to hunting with a licensed outfitter or resident sponsor.

     (7)  All Class B-10 and Class B-11 licenses that are not reserved under subsection (1) and all unsold reserved licenses that are available under subsection (6) must be issued by a drawing among all applicants for the respective unreserved licenses.

     (8) The department shall reduce by 10% from the previous license year the number of Class B-10 and Class B-11 nonresident deer combination licenses that are authorized for sale until after the 2004 license year. After the 2004 license year, the number of licenses authorized for sale must remain at the 2004 level."



     Section 8.  Section 87-2-512, MCA, is amended to read:

     "87-2-512.  (Temporary) Separation of Class B-7 license from Class B-10 license for deer management purposes -- disposition of license revenue. (1) The commission may by rule separate the Class B-7 license from the Class B-10 license and sell the separated Class B-7 license, giving a preference to any Class B-10 license holder to purchase one of the separated Class B-7 licenses. In the case of separated Class B-7 licenses that are not purchased by Class B-10 license holders, the commission, for purposes of sound deer management:

     (a)  may authorize the sale of not more than 5,000 Class B-7 licenses that have been separated from the Class B-10 licenses, as limited by 87-2-504;

     (b)  may authorize all or a portion of the separated Class B-7 licenses to be sold as Class B-11 combination licenses;

     (c)  shall set the fees for the separated licenses as follows:

     (i)  the fee for a Class B-10 license without the deer tag may not be more than the fee set in 87-2-505 for licenses in the general category and may not be more than the fee set by the commission for licenses in the outfitter-sponsored category as specified in 87-1-268; and

     (ii) the fee for the separated Class B-11 licenses may not be more than the fees specified in 87-2-510 for licenses in the general and landowner-sponsored categories and may not be more than the fee set by the commission for licenses in the outfitter-sponsored category as specified in 87-1-268;

     (d)  may assign the separated Class B-7 or Class B-11 licenses for use in specific administrative regions, portions of administrative regions, hunting districts, or portions of hunting districts;

     (e)  may allocate a portion of the separated Class B-7 or Class B-11 licenses among the general and landowner-sponsored categories established in 87-2-510 and 87-2-511 but not count those licenses as part of the statutory quotas, with the Class B-7 licenses then subject to the requirements and procedures of 87-2-511;

     (f)  may allocate a portion of the separated Class B-7 or Class B-11 licenses to the outfitter-sponsored category subject to the requirements and procedures of 87-2-511, except that licenses in the outfitter-sponsored category may not comprise more than one-third of the licenses issued pursuant to this section and the number issued, when added to the number of Class B-11 licenses issued under 87-1-268, may not exceed 2,300 the percentage determined by the department in 87-2-511 in any license year; and

     (g)  may condition the separated Class B-7 and Class B-11 licenses as appropriate and necessary to manage the harvest of deer, including restricting the use of a license to either mule deer or whitetail deer.

     (2)  The revenue from any Class B-11 licenses that have been separated from Class B-10 licenses must be deposited in the state special revenue account to the credit of the department and not allocated pursuant to other statutory requirements generally applicable to Class B-11 licenses. The revenue from Class B-10 licenses sold without a deer tag must be allocated in the same manner as revenue from Class B-10 licenses sold with a deer tag. (Terminates October 1, 2001--sec. 6, Ch. 355, L. 1997.)"



     NEW SECTION.  Section 9.  Submission to electorate. This act shall be submitted to the qualified electors of Montana at the general election to be held in November 2000, by printing on the ballot the full title of this act and the following:

     [] FOR requiring the reduction by 10% each year for 4 years the numbers of nonresident big game combination licenses authorized for sale.

     [] AGAINST requiring the reduction by 10% each year for 4 years the numbers of nonresident big game combination licenses authorized for sale.



     NEW SECTION.  Section 10.  Effective date. This act is effective on approval of the electorate.

- END -




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