SENATE BILL NO. 384
INTRODUCED BY K. MESAROS, R. PECK, S. ROSE
AN ACT REVISING STATUTES RELATED TO ROADSIDE MENAGERIES AND ZOOS; CREATING WILD ANIMAL MENAGERIES AND PROVIDING FOR TERMS OF OPERATION OF WILD ANIMAL MENAGERIES, INCLUDING THE KEEPING OF BEARS AND LARGE CATS; CLARIFYING PERMIT APPLICATION REQUIREMENTS; PROVIDING THAT ROADSIDE AND WILD ANIMAL MENAGERIES AND ZOOS MAY OBTAIN CAPTIVE-BRED WILD ANIMALS FROM A LICENSED ZOO, ROADSIDE OR WILD ANIMAL MENAGERIE, GAME FARM, FUR FARM, GAME BIRD FARM, OR ANIMAL REHABILITATION CENTER; REVISING DEFINITIONS; AMENDING SECTIONS 87-4-406, 87-4-801, 87-4-802, 87-4-803, 87-4-804, AND 87-4-806, MCA; AND REPEALING SECTION 87-4-805, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-4-406, MCA, is amended to read:
"87-4-406. Definitions. As used in this part, the following definitions apply:
(1) "Cloven-hoofed ungulate" means an animal of the order Artiodactyla, except a member of the families suidae, camelidae, or hippopotamidae. The term does not include domestic pigs, domestic cows, domestic yaks, domestic sheep, domestic goats that are not naturally occurring in the wild in their country of origin, or bison.
(2) "Department" means the department of fish, wildlife, and parks.
(3) "Facilities" means perimeter fences and other enclosures that provide for the confinement, handling, and quarantine of game farm animals.
(4) "Game animals" means game animals as defined in 87-2-101 that are not the lawful property of any private person.
(5) "Game farm" means the enclosed land area upon which game farm animals may be kept for purposes of obtaining, rearing in captivity, keeping, or selling game farm animals or parts of game farm animals, as authorized under this part.
(6) "Game farm animal" means a privately owned caribou, black bear, mountain lion, white-tailed deer, mule deer, elk,
moose, antelope, mountain sheep, or mountain goat indigenous to the state of Montana, a privately owned reindeer, or any
other cloven-hoofed ungulate as classified by the department.
(7) "Person" means an individual, firm, corporation, association, or partnership."
Section 2. Section 87-4-801, MCA, is amended to read:
"87-4-801. Definitions. As used in this part unless the context requires otherwise, the following definitions apply:
(1) "Roadside menagerie or zoo" means any place where one or more wild animals, including birds, reptiles, and the
like, are kept in captivity for the evident purpose of exhibition or attracting trade, on or off the facility premises. It does not
include the exhibition of any animal by an educational institution or in a zoological garden chartered as a nonprofit
corporation by the state and does not include animals exhibited by any a traveling theatrical exhibition or circus based
outside of Montana.
(2) "Wild animal" means an animal that is wild by nature as distinguished from the common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles.
(3) "Wild animal menagerie" means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition.
(4) "Zoo" means any zoological garden chartered as a nonprofit corporation by the state or any facility participating in the American zoo and aquarium association accreditation program for the purpose of exhibiting wild animals for public viewing."
Section 3. Section 87-4-802, MCA, is amended to read:
"87-4-802. Department regulations. The department shall adopt and enforce reasonable regulations for the housing,
care, treatment, feeding, and sanitation of animals kept in roadside menageries, wild animal menageries, and zoos; and for
the protection of the public from injury by such those animals; and for the licensing of roadside menageries, wild animal
menageries, and zoos."
Section 4. Section 87-4-803, MCA, is amended to read:
"87-4-803. Permits. (1) The department shall may grant permits for roadside menageries, wild animal menageries, or
and zoos. It is unlawful for any person to operate a roadside menagerie or wild animal menagerie without a permit.
Application for a permit shall must be made to the director on a form prescribed by him the director. The annual permit fee
for five or less animals shall be is $10. The annual permit fee for more than five animals shall be is $25. Permits shall
expire on December 31 but may be renewed upon payment of the annual fee and submission of a renewal application. This
section shall does not apply to the United States, the state of Montana, or any county or city. Any A person who shall
subscribe subscribes to any false statement in application for a permit shall be is guilty of a misdemeanor and may be
denied a permit.
(2) (a) A permit application for a roadside menagerie must include:
(i) the applicant's name and address;
(ii) the exact location of the facility;
(iii) a list of species and the number of animals to be held in the facility;
(iv) the type of facility contemplated, including cage specifications;
(v) a copy of all required federal permits for exhibition of wild animals; and
(vi) a copy of a liability insurance policy to cover bodily injury or property damage.
(b) A permit application for a wild animal menagerie must include:
(i) the applicant's name and address;
(ii) the exact location of the facility, together with the nature of the applicant's title to the land, whether in fee, under lease, by contract for deed, or otherwise;
(iii) a list of species and the number of animals to be held in the facility;
(iv) the type of facility contemplated, including cage specifications; and
(v) information demonstrating that the applicant is responsible.
(c) A permit application for a zoo must include:
(i) the applicant's name and address;
(ii) the exact location of the facility;
(iii) a copy of the nonprofit corporation documents approved by the secretary of state's office;
(iv) a copy of the required federal permits for exhibition of wild animals; and
(v) if applicable, a copy of the American zoo and aquarium association accreditation program specific to the facility.
(3) Renewal applications for roadside menageries and wild animal menageries must include an accounting of all wild animals on the facility.
(4) No A permit shall may not be granted by the department until it has satisfactorily verified that the provisions for
housing and caring for such the animals and for protecting the public are proper and adequate and in accordance with the
standards established by the department.
(3) (5) A permit is not transferable to another person unless the roadside menagerie or zoo to which it pertains is also
transferred to the same person. The director's approval must be obtained prior to such permit transfer and prior to a transfer
of any wild animals held under the permit."
Section 5. Section 87-4-804, MCA, is amended to read:
"87-4-804. Permit to obtain wild animals. (1) It is unlawful to obtain wild animals for a roadside menagerie, wild animal menagerie, or zoo by capture from the wild or by purchase except as authorized by the department in accordance with the terms of a permit.
(2) Application for such a capture permit shall may be made only by a zoo and must be made to the director on a form
prescribed by him the director. After investigation by the department, the director may issue such a capture permit without
charge if he the director finds:
(a) that all provisions of this part and of the department regulations are complied with by the applicant; and
(b) that the number and species of wildlife desired is not excessive under the circumstances.
(2)(3) If wild animals are to be obtained by capture for use in zoos, the permit shall must designate the number and the
means of capture, but ownership of the wild animals captured shall remain in the state of Montana.
(4) Nongame animals may be bought, sold, or transferred under such regulations as the department may prescribe.
Roadside menageries, wild animal menageries, and zoos may obtain captive-bred wild animals from a licensed zoo,
menagerie, game farm, fur farm, game bird farm, or animal rehabilitation center."
Section 6. Section 87-4-806, MCA, is amended to read:
"87-4-806. Inspection, permit revocation, and redemption of wildlife. All roadside menageries, wild animal
menageries, or and zoos and all equipment used in connection therewith shall with any roadside menagerie, wild animal
menagerie, or zoo must be open to inspection at all reasonable hours. If upon inspection it is found that the roadside
menagerie, wild animal menagerie, or zoo is not being operated in accordance with this part or with the department
regulations, the director shall revoke the permit without right of renewal and shall redeem possession of all wildlife
obtained by capture or unlawful propagation."
Section 7. Restrictions on menagerie and zoo permits. (1) Wild animals may be bought, sold, or transferred under regulations that the department prescribes.
(2) The number of wild animals in a wild animal menagerie may not exceed 10.
Section 8. Repealer. Section 87-4-805, MCA, is repealed.
Section 9. Codification instruction. [Section 7] is intended to be codified as an integral part of Title 87, chapter 4, part 8, and the provisions of Title 87, chapter 4, part 8, apply to [section 7].
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