Montana Code Annotated 2023

TITLE 87. FISH AND WILDLIFE

CHAPTER 6. FISH AND WILDLIFE CRIMINAL PROVISIONS

Part 4. Hunting Offenses

Game Animal Tagging Offenses

87-6-411. Game animal tagging offenses. (1) Each license issued by the department authorizing the holder of the license to hunt game animals, whether issued to a resident or a nonresident, must provide any tags the department prescribes.

(2) When a person kills a game animal under the license, the person shall, before the carcass is removed from or the person leaves the site of the kill, take physical possession of the game animal by:

(a) electronically validating the license or tag pursuant to rules adopted in accordance with 87-2-119; or

(b) validating the license or tag by cutting out the date the animal was killed. A license or tag that is not electronically validated must accompany the carcass as long as any considerable portion of the carcass remains unconsumed.

(3) When a game animal has been lawfully killed and the proper license or tag is electronically validated or accompanies the game animal that was killed, the game animal becomes the property of the person who lawfully killed the animal and may be possessed, used, stored, donated to another or to a charity, transferred to another person pursuant to 87-3-310, or transported.

(4) A person shall keep the license or tag accompanying the game animal or portion of the game animal while the animal is possessed by the person unless the license or tag was electronically validated.

(5) A person may not validate pursuant to subsection (2) a license or tag that is restricted to a hunting district other than the hunting district where the game animal was killed.

(6) A person who is convicted of or who forfeits bond or bail after being charged with a violation of this section shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, and trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.

History: En. Sec. 40, Ch. 258, L. 2011; amd. Sec. 3, Ch. 149, L. 2015; amd. Sec. 2, Ch. 75, L. 2017; amd. Sec. 7, Ch. 238, L. 2019; amd. Sec. 3, Ch. 316, L. 2023.