87-5-101. Short title

87-5-101. Short title. This part shall be known and may be cited as “The Nongame and Endangered Species Conservation Act”. History: En. Sec. 1, Ch. 461, L. 1973; R.C.M. 1947, 26-1801.

87-5-102. Definitions

87-5-102. Definitions. As used in this part, the following definitions apply: (1) ”Account” means the nongame wildlife account established in 87-5-121. (2) ”Commercial purposes” means the collection, harvest, possession, or transportation of a species or subspecies of nongame wildlife from the wild with the intent to barter, offer for sale, ship or transport for eventual sale, or sell […]

87-5-103. Legislative intent, findings, and policy

87-5-103. Legislative intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Nongame and Endangered Species Conservation Act. It is the legislature’s intent that the requirements of this part provide adequate remedies for the protection of the environmental life […]

87-5-104. Investigations by department

87-5-104. Investigations by department. The department shall conduct investigations on nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. The department shall conduct ongoing investigations of nongame wildlife. History: En. Sec. 4, […]

87-5-105. Regulations to manage nongame wildlife

87-5-105. Regulations to manage nongame wildlife. (1) On the basis of the determinations made pursuant to 87-5-104, the department shall issue management regulations. The regulations must set forth species or subspecies of nongame wildlife that the department considers to be in need of management pursuant to 87-5-104 through 87-5-106, giving their common and scientific names by […]

87-5-106. Unlawful acts

87-5-106. Unlawful acts. Except as provided in regulations issued by the department, it shall be unlawful for any person to take, possess, transport, export, sell, or offer for sale nongame wildlife deemed by the department to be in need of management. Subject to the same exception, it shall further be unlawful for any common or contract […]

87-5-107. List of endangered species

87-5-107. List of endangered species. (1) (a) On the basis of investigations on nongame wildlife provided for in 87-5-104 and other available scientific and commercial data and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, the department shall recommend to the legislature a list of those species and subspecies […]

87-5-108. Establishment of programs

87-5-108. Establishment of programs. (1) The director shall establish programs, including acquisition of land or aquatic habitat, that are considered necessary for management of nongame and endangered wildlife. The department shall establish policies that are necessary to carry out the purpose of 87-5-109 and this section. (2) In carrying out programs authorized by this section, the department […]

87-5-109. Taking of species for educational, scientific, or other purposes

87-5-109. Taking of species for educational, scientific, or other purposes. (1) The director may permit the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, on the United States’ list of endangered native fish and wildlife, as amended and accepted in accordance with 87-5-107(5), […]

87-5-110. Department to issue regulations

87-5-110. Department to issue regulations. The department shall issue such regulations as are necessary to carry out the purposes of this part. History: En. Sec. 7, Ch. 461, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1807.

87-5-111. Enforcement and penalty

87-5-111. Enforcement and penalty. (1) Any person who violates the provisions of this part or whoever fails to procure or violates the terms of any permit issued thereunder shall be guilty of a misdemeanor. (2) Upon a first conviction for a violation under this part, the court may fine the defendant not to exceed $250. Upon a […]

87-5-112. Construction

87-5-112. Construction. This part may not be construed to apply retroactively or to prohibit importation into the state of wildlife that are lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale, or shipment of […]

87-5-113. through 87-5-115 reserved

87-5-113 through 87-5-115 reserved.

87-5-116. Limited taking of certain nongame wildlife for commercial purposes — exceptions

87-5-116. Limited taking of certain nongame wildlife for commercial purposes — exceptions. (1) The following nongame wildlife may not be taken for commercial purposes, except as provided in subsections (3) and (4), without prior authorization of the department, subject to regulations adopted by the department: (a) northern flying squirrel (Glaucomys sabrinus); (b) pika (Ochotona princeps); (c) pygmy rabbit (Brachylagus […]

87-5-117. through 87-5-120 reserved

87-5-117 through 87-5-120 reserved.

87-5-121. Nongame wildlife account

87-5-121. Nongame wildlife account. (1) There is a nongame wildlife account in the state special revenue fund provided for in 17-2-102. (2) There must be deposited into the account: (a) all money collected under 15-30-2387 and all interest earned by the fund before being expended under this section; and (b) money from marijuana taxes deposited under 16-12-111. (3) Money in […]

87-5-122. Duties of commission

87-5-122. Duties of commission. (1) The commission shall review and approve annually the nongame wildlife programs projects recommended by the department for funding from the nongame wildlife account. The commission shall provide for public comment during the review and approval process. (2) The commission may adopt rules governing: (a) the use of the nongame wildlife account set forth […]

87-5-123. through 87-5-130 reserved

87-5-123 through 87-5-130 reserved. History: En. Sec. 5, Ch. 627, L. 1983; amd. Sec. 2, Ch. 589, L. 1987; amd. Sec. 61, Ch. 112, L. 1991.

87-5-131. Process for delisting of gray wolf — management following delisting

87-5-131. Process for delisting of gray wolf — management following delisting. (1) If the United States fish and wildlife service removes the Northern Rocky Mountain or gray wolf from the United States’ list of endangered or threatened wildlife, the department is authorized to remove the wolf from the state list of endangered species upon a determination […]

87-5-132. Use of radio-tracking collars for monitoring wolf packs

87-5-132. Use of radio-tracking collars for monitoring wolf packs. (1) As part of a wolf management plan approved by the department, a radio-tracking collar or a collar that uses global positioning system technology must be attached to at least one wolf in each wolf pack that is active near livestock or near a population center in […]