Montana Code Annotated 2021



Part 1. Registration -- Apis Bees

Registration Classes -- Reregistration -- Fees

80-6-102. Registration classes -- reregistration -- fees. (1) A person who owns or possesses an apiary in the state shall, before April 1 each year, reregister the apiary site. A person who owns or possesses any bees, hives, colonies, or beekeeping equipment in this state or who owns or possesses an apiary in this state and who fails or refuses to register or reregister as provided in this part is subject to a civil penalty as set forth in 80-6-303.

(2) (a) Before a certificate of registration may be issued for an apiary site, the owner or applicant for a certificate shall pay a reregistration fee to the department. From July 1, 2019, to June 30, 2021, the department may not charge a hobbyist beekeeper an annual hobbyist apiary site registration or reregistration fee in excess of $19.

(b) The annual fee for reregistering an apiary site may not be less than $10 or more than $50. The department may adjust the fee by rule to maintain adequate funding for this part.

(c) If, after reregistration, additional or new apiary sites are authorized for a registered apiary, fees must be paid by the registrant in accordance with subsection (2)(b).

(d) A site reregistration not applied for by April 1 of each year is a delinquent reregistration and is subject to a penalty fee of 10% of the regular reregistration fee or $10, whichever is greater.

(3) (a) A registrant who fails to apply for reregistration by April 1 of each year must be notified of the delinquency by the department. Notification must be by certified mail, addressed to the registrant at the registrant's most recent address listed in the department's apiary registration files and is considered sufficient when deposited in a United States post office box or mail box on or before April 21.

(b) If a delinquent reregistration is not reregistered by June 1, the registration is forfeited and all rights under the registration are terminated. After June 1, apiary sites that have not been reregistered may be deleted from the registration database.

(4) There are four classes of apiary site registration. The conditions under which the department may issue certificates of registration for each class are specified in 80-6-111 through 80-6-114.

(5) Registration application blanks must be furnished by the department. The applicant shall provide the following information:

(a) a statement of the applicant's name, telephone number, and mailing address;

(b) the location of the apiary site, specifically the nearest quarter section, section, township, and range or the GPS coordinates of the site;

(c) the name of the current owner, renter, or occupant of the land on which the apiary site is located;

(d) when the application is for a new apiary site being registered for the first time, the application must also show that the owner, renter, or occupant of the land has consented in writing to the apiary being located on that land;

(e) the class of apiary site registration for which application is being made; and

(f) other information that the department may require under rules adopted by it for the protection, safety, and welfare of the public and the beekeeping industry.

(6) Upon receipt of the application and payment of the fees prescribed, the department may issue certificates of registration for the apiary sites, setting forth the name of the owner, the specific locations, and the class of apiary sites authorized by the registration.

(7) In issuing certificates of registration for apiary sites, if there is a conflict between applicants with respect to location, the department shall give preference to the applicant having the oldest continuously registered apiary site.

(8) Suitable evidence of registration must be posted by the apiary registrant in a conspicuous place at or near the apiary site. If an owner has more than one apiary site, suitable evidence of registration must be posted at each apiary site. If the identity of hives cannot be determined, the apiary site may be quarantined by the department and all hives may be removed, destroyed, sold at public auction, or handled in another appropriate manner at the discretion of the department.

(9) A reregistration may not be granted pursuant to this section if a civil penalty due under 80-6-303 has not been paid.

History: En. Sec. 3, Ch. 79, L. 1947; amd. Sec. 2, Ch. 28, L. 1953; amd. Sec. 3, Ch. 475, L. 1973; Sec. 82-807, R.C.M. 1947; amd. and redes. 3-3103 by Sec. 130, Ch. 218, L. 1974; amd. Sec. 2, Ch. 25, L. 1977; R.C.M. 1947, 3-3103; amd. Sec. 2, Ch. 125, L. 1981; amd. Sec. 2, Ch. 198, L. 1987; amd. Sec. 2590, Ch. 56, L. 2009; amd. Sec. 3, Ch. 468, L. 2009; amd. Sec. 1, Ch. 379, L. 2019.