UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)BY REQUEST OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS
A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THE AUTHORITY OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO MANAGE THE PRAIRIE DOG AS A SPECIES IN NEED OF MANAGEMENT; AMENDING SECTION 87-5-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-5-102, MCA, is amended to read:
"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) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.
(3) "Endangered species" means any a species or subspecies of wildlife that is actively threatened with extinction due to
any of the following factors:
(a) the destruction, drastic modification, or severe curtailment of its habitat;
(b) its overutilization for scientific, commercial, or sporting purposes;
(c) the effect on it of disease, pollution, or predation;
(d) other natural or man-made artificial factors affecting its prospects of survival or recruitment within the state; or
(e) any combination of the foregoing factors.
(4) "Management" means the collection and application of biological information for the purposes of increasing the
number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and
maintaining such those levels. The term includes the entire range of activities that constitute a modern scientific resource
program, including but not limited to research, census, law enforcement, habitat improvement, and education. Also included
within the term, when and where appropriate, is The term also includes the periodic or total protection of species or
populations as well as regulated taking.
(5) "Nongame wildlife" means any a wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild
animal not otherwise legally classified by statute or regulation of this state. Animals designated by statute or regulation of
this state as predatory in nature are not classified as nongame wildlife for purposes of this part. Prairie dogs are nongame
wildlife and may be managed and regulated under this part. Management and control by counties and the department of
agriculture pursuant to Title 7, chapter 22, part 22; Title 7, chapter 22, part 25; and Title 80, chapter 7, part 11, is permitted
as long as it is consistent with any management plan approved by both the department and the department of agriculture.
(6) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.
(7) "Person" means any an individual, firm, corporation, association, or partnership.
(8) "Take" means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife.
(9) "Wildlife" means any a wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or any
part, product, egg, or offspring or the dead body or parts thereof of the animal."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
- END -
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Status of this Bill | 2001
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