SENATE BILL NO. 338
INTRODUCED BY K. MESAROS, J. HERTEL, E. SWANSON, C. HIBBARD
AN ACT REVISING THE HUNTER MANAGEMENT AND HUNTING ACCESS ENHANCEMENT MANAGEMENT PROGRAMS; EXTENDING THE TERMINATION DATE REGARDING THOSE PROGRAMS AND EXTENDING THE MORATORIUM ON LICENSING OF NEW OUTFITTERS; CAPPING THE NUMBER OF AVAILABLE LAND-BASED HUNTING OUTFITTER LICENSES; REVISING THE ADVISORY AUTHORITY OF THE PROGRAM REVIEW COMMITTEE; INCREASING THE COST OF NONRESIDENT UPLAND GAME BIRD LICENSES AND PROVIDING THAT THE FEE INCREASE BE USED BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO ENCOURAGE PUBLIC ACCESS TO PRIVATE LANDS FOR HUNTING PURPOSES; PROVIDING THAT THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS ISSUE UP TO TWO RESIDENT-SPONSORED CLASS B-11 LICENSES TO TWO APPLICANTS SPONSORED BY ANY RESIDENT LANDOWNER WHO OWNS 640 OR MORE CONTIGUOUS ACRES AND REQUESTS THE LICENSES AS A RESIDENT SPONSOR; AMENDING SECTIONS 37-47-315, 87-1-269, 87-2-402, AND 87-2-511, MCA; AMENDING SECTION 18, CHAPTER 459, LAWS OF 1995; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 37-47-315, MCA, is amended to read:
"37-47-315. (Temporary) Moratorium on issuance of hunting outfitter licenses. The legislature finds it necessary to
protect the hunting resource, public health, public safety, and public welfare. Therefore, the board shall establish and
regulate a moratorium on the issuance of outfitter licenses for land-based hunting activities. An outfitter licensed on April
14, 1995, may receive a renewal license, if qualified, but the total number of land-based hunting outfitter licenses issued
after April 14, 1995, may not exceed the number in existence on April 14, 1995 543. (Terminates June 30, 1999--sec. 18,
Ch. 459, L. 1995.)"
Section 2. Section 87-1-269, MCA, is amended to read:
"87-1-269. (Temporary) Report required -- review committee. (1) The governor shall appoint a committee of
persons interested in issues related to hunters, landowners, and outfitters, including but not limited to the hunter
management program, the hunting access enhancement program, landowner-hunter relations, outfitting industry issues, or
and other issues related to private lands and public wildlife to review the success and progress of the hunter management
program and the hunting access enhancement program. The committee must have equal broad representation of
landowners, outfitters, and sportspersons and be broadly representative of the various geographical areas of the state. The
department may provide administrative assistance as necessary to facilitate the efforts of assist the review committee.
(2) The review committee shall report to the governor and to the 57th legislature regarding the success of the hunter
management program and various elements of the hunting access enhancement program, including a report of annual
landowner participation, the number of acres annually enrolled in the program, hunter harvest success on enrolled lands, the
number of qualified applicants who were denied enrollment because of a shortfall in funding, and an accounting of program
expenditures, including a report of annual landowner participation and the number of acres annually enrolled in the
programs. The report may also include and make suggestions for funding, modification, or improvement needed to achieve
the objectives of the programs program. If the review committee determines that expanding funding for programs for hunter
management and hunting access enhancement is desirable, consideration must be given to providing the expanded funding
through increases in resident hunting license fees.
(3) The director may appoint additional advisory committees that are considered necessary to assist in the implementation of the hunting access enhancement program and to advise the commission regarding the development of rules implementing the hunting access enhancement program. (Terminates October 1, 2001--sec. 18, Ch. 459, L. 1995.)"
Section 3. 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, upon payment of a fee of $55 $110 may
receive a Class B-1 license that entitles the holder to hunt upland game birds and possess the carcasses of upland game
birds as authorized by department rules."
Section 4. 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, reserved for applicants using the services of a licensed outfitter and 2,000 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 If there is a sufficient
number of licenses set forth in subsection (1), the department shall issue a license to one applicant sponsored by each
resident landowner who owns 640 or more contiguous acres. If enough licenses remain for a second applicant for each
resident landowner sponsor, the department shall issue a license to the second applicant sponsored by each resident
landowner. The department shall conduct a drawing for any remaining resident-sponsored licenses. If there is not a
sufficient number of licenses set forth in subsection (1) to allow each resident landowner who owns 640 contiguous acres to
sponsor one applicant, the department shall conduct a drawing for the resident-sponsored licenses. However, a resident
sponsor of a Class B-11 license may submit no more than 20 15 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. (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 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 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."
Section 5. Allocation of license fee to hunting access enhancement program. The amount of $55 from the sale of each Class B-1 nonresident upland game bird license must be used by the department to encourage public access to private lands for hunting purposes in accordance with 87-1-265 through 87-1-267.
Section 6. Section 18, Chapter 459, Laws of 1995, is amended to read:
"Section 18. Termination. (1) [Sections 1 through 10] terminate October 1, 2001 March 1, 2006.
(2) [Section 11] terminates June 30, 1999 July 1, 2002."
Section 7. Codification instruction. [Section 5] is intended to be codified as an integral part of Title 87, chapter 1, part 2, and the provisions of Title 87, chapter 1, part 2, apply to [section 5].
Section 8. Termination. [Section 5] terminates March 1, 2006.
Section 9. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on passage and approval.
(2) [Sections 3, 5, and 8] are effective March 1, 2000.
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Latest Version of SB 338 (SB0338.ENR)
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