67th Legislature HB 637.1
1 HOUSE BILL NO. 637
2 INTRODUCED BY S. BERGLEE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE
5 DEPARTMENT OF FISH, WILDLIFE, AND PARKS; REVISING GAME WARDEN AUTHORITY; REVISING
6 LAWS RELATED TO CLASS D-4 NONRESIDENT HOUND LICENSES; REVISING THE CALCULATION OF
7 PREFERENCE POINTS FOR PARTY APPLICANTS; REVISING RESTRICTIONS ON WHEN SPECIAL BEAR
8 AND MOUNTAIN LION LICENSES MAY BE USED; CLARIFYING WHEN APPRENTICE HUNTERS MAY
9 RECEIVE THEIR CERTIFICATE; REVISING LAWS RELATED TO SHOOTING PRESERVES; CLARIFYING
10 THE CLASSIFICATION OF WOLVES; REVISING LAWS RELATED TO UNLAWFUL USE OF BOATS,
11 EQUIPMENT, AND VEHICLES WHILE HUNTING; REVISING LAWS RELATED TO HARASSMENT OF GAME
12 BIRDS AND GAME ANIMALS; REVISING LAWS RELATED TO UNLAWFUL HUNTING WITHIN A
13 MUNICIPALITY; REVISING TURKEY TAGGING OFFENSES; PROVIDING AN APPROPRIATION;
14 AMENDING SECTIONS 61-12-401, 87-1-301, 87-1-504, 87-2-115, 87-2-519, 87-2-702, 87-2-810, 87-4-502,
15 87-4-522, 87-4-530, 87-5-131, 87-6-207, 87-6-401, 87-6-402, 87-6-404, 87-6-405, 87-6-412, AND 87-6-706,
16 MCA; REPEALING SECTIONS 87-1-505 AND 87-4-526, MCA; AND PROVIDING EFFECTIVE DATES.”
17
18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
19
20 Section 1. Section 61-12-401, MCA, is amended to read:
21 "61-12-401. Taking vehicle into custody. (1) The following law enforcement agencies and
22 department of fish, wildlife, and parks personnel may take into custody any vehicle found abandoned for a
23 period of 48 hours or more on a public highway or for a period of 5 days or more on a city street, public
24 property, or private property:
25 (a) the Montana highway patrol if the vehicle is on the right-of-way of any public highway other than a
26 county road;
27 (b) the sheriff of the county if the vehicle is on the right-of-way of any county road;
28 (c) the city police if the vehicle is on a city street; and
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1 (d) a game warden, as defined in 19-8-101, if the vehicle is on state land or land managed by the
2 department of fish, wildlife, and parks.
3 (2) The Montana highway patrol, sheriff of the county, or city police, or department of fish, wildlife, and
4 parks may use their personnel, equipment, and facilities for the removal and storage of the vehicle or may hire
5 other personnel, equipment, and facilities for those purposes.
6 (3) If the Montana highway patrol, the sheriff of the county, or the chief of police, of the city in which
7 the vehicle is being stored or the department of fish, wildlife, and parks has hired other personnel, equipment,
8 and facilities to remove and store a vehicle, the Montana highway patrol, sheriff, or chief of police, or
9 department of fish, wildlife, and parks shall:
10 (a) pay the person hired to remove the vehicle an amount not to exceed the amount for a removal
11 charge established by rules adopted by the department of environmental quality and may request
12 reimbursement of the hired removal charge from the motor vehicle recycling and disposal program of the
13 department of environmental quality in an amount and manner established by rules adopted by the department
14 of environmental quality for this purpose; or
15 (b) authorize the person hired to remove the vehicle to submit directly to the department of
16 environmental quality a claim for payment to be made directly to the person hired to remove the vehicle.
17 (4) (a) At the request of the owner or person in lawful possession or control of the private property,
18 the sheriff of the county in which the vehicle is located or the city police of the city in which the vehicle is located
19 may remove and hold it in the manner and upon the conditions provided in subsections (1) and (2).
20 (b) A private landowner owning property considered to be part of ways of this state open to the public,
21 as defined in 61-8-101, who can demonstrate meeting the 5-day waiting period in subsection (1) by calling one
22 of the law enforcement agencies listed in subsection (1) at the start of the 5-day period may remove the
23 abandoned vehicle within the conditions provided for in subsections (1) and (2)."
24
25 Section 2. Section 87-1-301, MCA, is amended to read:
26 "87-1-301. Powers of commission. (1) Except as provided in subsections (6) and (7), the
27 commission:
28 (a) shall set the policies for the protection, preservation, management, and propagation of the wildlife,
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1 fish, game, furbearers, waterfowl, nongame species, and endangered species of the state and for the fulfillment
2 of all other responsibilities of the department related to fish and wildlife as provided by law;
3 (b) shall establish the hunting, fishing, and trapping rules of the department;
4 (c) except as provided in 23-1-111 and 87-1-303(3), shall establish the rules of the department
5 governing the use of lands owned or controlled by the department and waters under the jurisdiction of the
6 department;
7 (d) must have the power within the department to establish wildlife refuges and bird and game
8 preserves;
9 (e) shall approve all acquisitions or transfers by the department of interests in land or water, except as
10 provided in 23-1-111 and 87-1-209(2) and (4);
11 (f) except as provided in 23-1-111, shall review and approve the budget of the department prior to its
12 transmittal to the office of budget and program planning;
13 (g) except as provided in 23-1-111, shall review and approve construction projects that have an
14 estimated cost of more than $1,000 but less than $5,000;
15 (h) shall manage elk, deer, and antelope populations based on habitat estimates determined as
16 provided in 87-1-322 and maintain elk, deer, and antelope population numbers at or below population estimates
17 as provided in 87-1-323. In developing or implementing an elk management plan, the commission shall
18 consider landowner tolerance when deciding whether to restrict elk hunting on surrounding public land in a
19 particular hunting district. As used in this subsection (1)(h), "landowner tolerance" means the written or
20 documented verbal opinion of an affected landowner regarding the impact upon the landowner's property within
21 the particular hunting district where a restriction on elk hunting on public property is proposed.
22 (i) shall set the policies for the salvage of antelope, deer, elk, or moose pursuant to 87-3-145; and
23 (j) shall comply with, adopt policies that comply with, and ensure the department implements in each
24 region the provisions of state wildlife management plans adopted following an environmental review conducted
25 pursuant to Title 75, chapter 1, parts 1 through 3.
26 (2) The commission may adopt rules regarding the use and type of archery equipment that may be
27 employed for hunting and fishing purposes, taking into account applicable standards as technical innovations in
28 archery equipment change.
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1 (3) The commission may adopt rules regarding the establishment of special licenses or permits,
2 seasons, conditions, programs, or other provisions that the commission considers appropriate to promote or
3 enhance hunting by Montana's youth and persons with disabilities.
4 (4) (a) The commission may adopt rules regarding nonresident big game combination licenses to:
5 (i) separate deer licenses from nonresident elk combination licenses;
6 (ii) set the fees for the separated deer combination licenses and the elk combination licenses without
7 the deer tag;
8 (iii) condition the use of the deer licenses; and
9 (iv) limit the number of licenses sold.
10 (b) The commission may exercise the rulemaking authority in subsection (4)(a) when it is necessary
11 and appropriate to regulate the harvest by nonresident big game combination license holders:
12 (i) for the biologically sound management of big game populations of elk, deer, and antelope;
13 (ii) to control the impacts of those elk, deer, and antelope populations on uses of private property; and
14 (iii) to ensure that elk, deer, and antelope populations are at a sustainable level as provided in 87-1-
15 321 through 87-1-325.
16 (5) (a) Subject to the provisions of subsection (5)(b), the commission may adopt rules to:
17 (i) limit the number of nonresident mountain lion hunters in designated hunting districts; and
18 (ii) determine the conditions under which nonresidents may hunt mountain lion in designated hunting
19 districts.
20 (b) The commission shall adopt rules for the use of and set quotas for the sale of Class D-4
21 nonresident hound handler licenses by hunting district, portions of a hunting district, group of districts, or
22 administrative regions. However, no more than two Class D-4 licenses may be issued in any one hunting
23 district per license year.
24 (c) The commission shall consider, but is not limited to consideration of, the following factors:
25 (i) harvest of lions by resident and nonresident hunters;
26 (ii) history of quota overruns;
27 (iii) composition, including age and sex, of the lion harvest;
28 (iv) historical outfitter use;
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1 (v) conflicts among hunter groups;
2 (vi) availability of public and private lands; and
3 (vii) whether restrictions on nonresident hunters are more appropriate than restrictions on all hunters.
4 (6) The commission may not regulate the use or possession of firearms, firearm accessories, or
5 ammunition, including the chemical elements of ammunition used for hunting. This does not prevent:
6 (a) the restriction of certain hunting seasons to the use of specified hunting arms, such as the
7 establishment of special archery seasons;
8 (b) for human safety, the restriction of certain areas to the use of only specified hunting arms,
9 including bows and arrows, traditional handguns, and muzzleloading rifles;
10 (c) the restriction of the use of shotguns for the hunting of deer and elk pursuant to 87-6-401(1)(f);
11 (d) the regulation of migratory game bird hunting pursuant to 87-3-403; or
12 (e) the restriction of the use of rifles for bird hunting pursuant to 87-6-401(1)(g) or (1)(h).
13 (7) Pursuant to 23-1-111, the commission does not oversee department activities related to the
14 administration of state parks, primitive parks, state recreational areas, public camping grounds, state historic
15 sites, state monuments, and other heritage and recreational resources, land, and water administered pursuant
16 to Title 23, chapter 1, and Title 23, chapter 2, parts 1, 4, and 9."
17
18 Section 3. Section 87-1-504, MCA, is amended to read:
19 "87-1-504. Protection of private property -- duty of wardens. It is the duty of wardens to enforce
20 and wardens have the power of peace officers in the enforcement of the provisions of 45-6-101, 45-6-203, 75-
21 10-212(2), 77-1-801, 77-1-806, and rules adopted under 77-1-804 on private and state lands being used for
22 hunting and fishing."
23
24 Section 4. Section 87-2-115, MCA, is amended to read:
25 "87-2-115. Nonresident elk and deer license preference point system. (1) The department shall
26 establish a preference point system to distribute Class B-10 nonresident big game combination licenses and
27 Class B-11 nonresident deer combination licenses.
28 (2) Nonresidents applying to purchase a Class B-10 or Class B-11 license may purchase a
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1 preference point, upon payment of a nonrefundable $50 fee, that gives an applicant who has more preference
2 points priority to receive a Class B-10 or Class B-11 license over an applicant who has purchased fewer
3 preference points.
4 (3) An applicant may:
5 (a) purchase only one preference point per license year; and
6 (b) purchase a preference point without applying for a Class B-10 or Class B-11 license. An applicant
7 not applying for a Class B-10 or Class B-11 license may purchase a preference point only between July 1 and
8 September 30 of that license year. The department shall delete an applicant's accumulated preference points if
9 the applicant does not apply for a Class B-10 or Class B-11 license for 3 consecutive years.
10 (4) Except as provided in subsection (3)(b), the department may not delete an applicant's
11 accumulated preference points unless the applicant obtains the license applied for, in which case the
12 department shall delete the applicant's accumulated preference points.
13 (5) The department shall issue 75% of the Class B-10 and Class B-11 licenses made available for
14 purchase pursuant to 87-2-505 and 87-2-510 by drawings in which the licenses are awarded to applicants in
15 the order of which applicants have purchased the greatest number of preference points. If the number of
16 licenses to be issued under this subsection exceeds the number of applicants who have purchased preference
17 points, the remaining licenses must be added to the licenses issued pursuant to subsection (6).
18 (6) The department shall issue 25% of the Class B-10 and Class B-11 licenses made available for
19 purchase pursuant to 87-2-505 and 87-2-510 by drawings in which the licenses are awarded to applicants who
20 have not purchased any preference points. If the number of licenses to be issued under this subsection
21 exceeds the number of applicants who have not purchased preference points, the remaining licenses must be
22 added to the licenses issued pursuant to subsection (5).
23 (7) Up to five applicants may apply as a party under this section. The department shall use an
24 average of the number of preference points accumulated by those applicants to determine their priority in
25 receiving licenses issued pursuant to subsection (5). The department shall use any fraction that results from the
26 calculation of an average when determining that priority calculate the average rounded to the third decimal
27 place."
28
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1 Section 5. Section 87-2-519, MCA, is amended to read:
2 "87-2-519. Class D-4--nonresident hound handler license. (1) Except as provided in subsections
3 (5) and (6), in order for a nonresident hound handler to use a dog or dogs to aid in the pursuit or harvest of
4 mountain lions, the nonresident hound handler must shall first purchase, for a fee of $500 $250, a Class D-4
5 nonresident hound handler license. To be eligible, the nonresident must be:
6 (a) at least 18 years of age or older or turn 18 years of age before or during the season for which the
7 license is issued; and
8 (b) a holder of a nonresident wildlife conservation license and a Class D-1 nonresident mountain lion
9 license.
10 (2) Not more than 35 50 Class D-4 licenses may be sold in any 1 license year.
11 (3) A Class D-4 license must be used as authorized by this section and any rule adopted by the
12 department or commission.
13 (4) A holder of a Class D-4 license may only pursue mountain lions for the purpose of personally
14 harvesting a mountain lion and may not assist any other person in the pursuit of a lion for harvest.
15 (5) A nonresident is not required to have a Class D-4 license to use a dog or dogs to aid in the pursuit
16 or harvest of mountain lions when the nonresident:
17 (a) is hunting with an outfitter licensed pursuant to Title 37, chapter 47, part 3; or
18 (b) is a nonresident landowner who owns 640