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1 _____________ BILL NO. _____________
(Primary Sponsor)
2 INTRODUCED BY _________________________________________________
3 BY REQUEST OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO GAME BIRD FARMS; REMOVING
6 LICENSEE AND DEPARTMENT NOTIFICATION REQUIREMENTS; CHANGING APPLICATION TIMELINES
7 AND REQUIREMENTS; SETTING A GAME BIRD FARM LICENSE FEE; EXTENDING A GAME BIRD FARM
8 LICENSE TO 5 YEARS; AMENDING SECTIONS 87-4-902, 87-4-904, 87-4-905, 87-4-906, AND 87-4-912,
9 MCA; AND PROVIDING AN EFFECTIVE DATE.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 Section 1. Section 87-4-902, MCA, is amended to read:
14 "87-4-902. Exemption. This part does not apply to:
15 (1) a person who owns, controls, or propagates game birds for purposes other than sale or
16 conveyance of game birds or parts of game birds and who notifies the department and receives its written
17 authorization and exemption;
18 (2) the holder of a migratory game bird avicultural permit under 87-2-807; or
19 (3) the holder of a shooting preserve license under Title 87, chapter 4, part 5, who uses temporary
20 holding pens pursuant to 87-4-530."
21
22 Section 2. Section 87-4-904, MCA, is amended to read:
23 "87-4-904. Application for game bird farm license -- limitation on issuance. (1) A person desiring
24 to obtain a game bird farm license shall make a written application to the department. The application must be
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1 submitted on a form provided by the department and specify:
2 (a) the name of the applicant;
3 (b) the applicant's address;
4 (c) the species of game bird and any plans to propagate them;
5 (d) the legal description of the lands to be included;
6 (e) the type of fence or enclosure that the applicant contemplates erecting;
7 (f) the source of game birds; and
8 (g) for a nonresident owner, the name and address of a local resident agent.
9 (2) (a) A game bird farm license may be issued only to a responsible applicant who owns or leases
10 the premises on which the operations are to be conducted and who has properly fenced or otherwise enclosed
11 the place where the game bird farm is to be located.
12 (b) A game bird farm owned by a nonresident must have a resident agent who is responsible for
13 the daily operation of the farm and who is authorized by the nonresident owner to receive service of process.
14 (3) Within 30 60 days of receiving the application, the department shall notify the applicant of its
15 decision to approve or deny the application. If the required fencing or enclosure has not been completed, the
16 department shall approve the application subject to the fencing or enclosure being completed. If the application
17 is denied, the department shall specify the reasons for denial."
18
19 Section 3. Section 87-4-905, MCA, is amended to read:
20 "87-4-905. License and renewal fee -- deposit of fees. (1) Game bird farm license and annual
21 renewal fees must be set by department rule.A game bird farm license is $300.
22 (2) The fees must be deposited in the state special revenue fund for the use of the department for
23 purposes of this part."
24
25 Section 4. Section 87-4-906, MCA, is amended to read:
26 "87-4-906. Term of license -- renewal conditions -- changes in operation. (1) A game bird farm
27 license is valid only for the license year for which it is issued expires on February 28 of the fifth year following
28 issuance. The licensee shall apply for renewal annually, and the The department shall renew the license on
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1 payment of the license fee if the licensee has not violated any provision under which the license was granted
2 and has submitted the reports required by 87-4-912 on forms provided by the department.
3 (2) The licensee shall notify the department of any proposed changes in the species managed or
4 in the size or location of the enclosure prior to the institution of such change."
5
6 Section 5. Section 87-4-912, MCA, is amended to read:
7 "87-4-912. Records and reporting. (1) Each licensee shall keep accurate records of the number and
8 species of birds purchased, transferred, or sold and the name of each person to whom or from whom such the
9 birds were purchased, transferred, or sold. These records must be open to inspection by a warden or the
10 director at any reasonable time.
11 (2) On or before January 31 of each year, each licensee shall file a report with the director,
12 showing the number and species of birds on hand on January 1 and the number and kinds of birds purchased,
13 transferred, or sold during the past year. All records described in this section must be kept for not less than 3 5
14 years."
15
16 NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 2025.
17 - END -
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Statutes affected:
LC Text: 87-4-902, 87-4-904, 87-4-905, 87-4-906, 87-4-912