Montana Code Annotated 2021



Part 5. Fish and Game Wardens

Sale Of Confiscated Birds And Animals -- Disposition Of Seized Grizzly Bears

87-1-511. Sale of confiscated birds and animals -- disposition of seized grizzly bears. (1) Except as provided in 87-1-226(1), all birds, animals, fish, heads, hides, teeth, or other parts of any animal other than grizzly bear seized by any officer or warden or otherwise acquired by a department employee in the scope of employment may be sold, under the direction of the director or wardens, at a time, place, and manner so as to receive the highest price. The sale must be at public auction to the highest and best bidder. The director or the wardens shall publish notice of the time and place of the sale, together with a description of the birds, fish, animals, or parts or portions of animals to be sold, in a newspaper of general circulation published in the county where the sale is to be held. The notice must be published at least once, and the sale may not be less than 5 or more than 30 days after the last publication. If the property seized is perishable, it may be sold by those officers without publishing notice of the sale. The property may be sold upon that public notice and under those terms and conditions that in the discretion of the officers seem conducive to securing full value.

(2) All grizzly bears or heads, hides, teeth, claws, or other parts of grizzly bears seized by any officer or warden may be donated to museums, educational institutions, government agencies, or persons conducting scientific studies, as approved by the commission. If approved under federal law, parts may be sold at public auction if, after approval by the commission, a reasonable attempt has been made to dispose of the parts.

History: En. Sec. 47, Ch. 173, L. 1917; re-en. Sec. 3726, R.C.M. 1921; re-en. Sec. 3726, R.C.M. 1935; amd. Sec. 35, Ch. 511, L. 1973; R.C.M. 1947, 26-506; amd. Sec. 2, Ch. 120, L. 1985; amd. Sec. 1, Ch. 540, L. 1985; amd. Sec. 2839, Ch. 56, L. 2009.