87-5-701. Purpose. The legislature finds that in order to protect Montana’s native wildlife and plant species, livestock, horticultural, forestry, and agricultural production, and human health and safety, it is necessary to regulate the importation for introduction and the transplantation or introduction of wildlife in the state and to regulate the importation, transplantation, possession, and sale of […]
87-5-702. Definitions. For purposes of this part, the following definitions apply: (1) ”Controlled exotic wildlife” means species placed on the controlled exotic wildlife list under 87-5-707 that may be imported, possessed, or sold only pursuant to commission and department rules and an authorization permit provided for in 87-5-705(2). (2) ”Domestic animal” means an animal that, through long association […]
87-5-703. Applicability to other provisions for importation or introduction of wildlife. Sections 87-5-701 through 87-5-704, 87-5-711, 87-5-713 through 87-5-716, and 87-5-721 do not apply to the provisions on importation or introduction of wildlife contained in the following laws: (1) Title 80; (2) 87-3-208 and 87-6-219(1)(a); (3) 87-3-221 through 87-3-224 or 87-3-210, 87-3-225 through 87-3-227, and 87-6-219(1)(b); (4) 87-4-422; (5) 87-5-112; (6) 87-5-205; […]
87-5-704. Rulemaking. (1) The commission may adopt rules to implement 87-5-701, 87-5-702, and 87-5-711 through 87-5-715. In implementing 87-5-713, the commission may adopt rules approving species of wildlife that may be introduced by the department. In implementing 87-5-715, the commission may adopt rules to authorize the control or extermination by the department of introduced wildlife species. […]
87-5-705. Regulation of exotic wildlife. (1) A person may not import into the state, possess, or sell any exotic wildlife unless: (a) the importation, possession, or sale of the exotic wildlife is allowed by law or commission rule; and (b) the person has obtained authorization for importation from the department of livestock pursuant to Title 81, chapter 2, […]
87-5-706. Noncontrolled exotic wildlife authorized for possession or sale. (1) The following noncontrolled exotic wildlife may not be released or transplanted in the state but may be possessed or sold as pets in Montana without a permit: (a) tropical and subtropical birds in the order Passeriformes, including but not limited to birds in the families: (i) Sturnidae (mynahs); […]
87-5-707. Controlled exotic wildlife list. As provided in 87-5-704(3)(a), the commission, after a public hearing and recommendation from the classification review committee established in 87-5-708, may by rule adopt a list of controlled exotic wildlife that may be imported, possessed, or sold only pursuant to commission and department rules and department authorization. History: En. Sec. 3, Ch. […]
87-5-708. Classification review committee — composition, appointment, and duties. (1) The director shall appoint a classification review committee whose duty is to advise the commission regarding the importation, possession, and sale of exotic wildlife, including recommendations on animals to be placed on the noncontrolled, controlled, or prohibited exotic wildlife list. (2) The classification review committee is composed […]
87-5-709. Exceptions and exemptions to possession and sale of exotic wildlife. (1) Sections 87-5-705 through 87-5-708 and this section do not apply to: (a) institutions that have established that their proposed facilities are adequate to provide secure confinement of wildlife, including: (i) an accredited zoological garden or wildlife sanctuary chartered by the state as a nonprofit corporation; (ii) a […]
87-5-710 reserved.
87-5-711. Control of importation for introduction and transplantation or introduction of wildlife. (1) Except as otherwise provided, the importation for introduction or the transplantation or introduction of any wildlife is prohibited unless the commission determines, based upon scientific investigation and after public hearing, that a species of wildlife poses no threat of harm to native wildlife […]
87-5-712. Authority for commission to control importation, possession, or sale of certain wildlife species and exotic wildlife. (1) The commission may, after public hearing and recommendation by the classification review committee in 87-5-708, list by administrative rule wildlife species or exotic wildlife that may not be imported, possessed, or sold as pets for captive breeding for […]
87-5-713. Control of wildlife species permitted to be transplanted or introduced. Any wildlife species listed in 87-5-714 or approved by the commission for introduction or transplantation may be introduced or transplanted only subject to a plan developed by the department to assure that the population can be controlled if any unforeseen harm should occur. History: En. Sec. […]
87-5-714. Wildlife species authorized for introduction or transplantation. (1) The following wildlife species may be introduced or transplanted by the department based upon scientific investigation and upon approval of the commission: (a) gray (Hungarian) partridge (Perdix perdix); (b) chukar partridge (Alectoris chukar); (c) ring-necked pheasant (Phasianus colchicus); (d) turkey (Meleagris gallopavo); (e) rainbow trout (Salmo gairdneri); (f) golden trout (Salmo aquabonita); (g) brown […]
87-5-715. Extermination or control of transplanted or introduced wildlife or feral species posing threat. Any wildlife or feral species transplanted or introduced in the state may be exterminated or controlled by the department if the commission determines that the species poses harm to native wildlife or plants or to agricultural production. History: En. Sec. 6, Ch. 624, […]
87-5-716. Consultation with departments of agriculture, public health and human services, and livestock. The commission and the department shall consult with the departments of agriculture, public health and human services, and livestock in all matters relating to the control of wildlife species and exotic wildlife that may have a harmful effect on agricultural production or livestock […]
87-5-717 through 87-5-720 reserved.
87-5-721. Penalty — license and permit revocation and denial. (1) Except as provided in subsection (2), a person convicted of a violation of this part 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 department, […]
87-5-722 through 87-5-724 reserved.
87-5-725. Notification of transplantation or introduction of wildlife. (1) When the decision to introduce or transplant a wolf, bear, or mountain lion is made pursuant to this part, the department shall: (a) provide public notice on its website and, when practical, by personal contact in the general area where the animal is released; and (b) notify the public […]
