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HOUSE BILL NO. 218
INTRODUCED BY M. MENAHAN
AN ACT GENERALLY REVISING FISH AND GAME LAWS; CLARIFYING PROHIBITIONS ON THE USE OF PROJECTED ARTIFICIAL LIGHT TO HUNT AND ON THE WASTE OF FUR-BEARING ANIMALS; DEFINING "PELT"; AMENDING SECTIONS 87-1-102, 87-3-101 AND 87-3-506, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-1-102, MCA, is amended to read:
"87-1-102. Penalties -- violation of state law. (1) A person who purposely, knowingly, or negligently violates a provision of this title or any other state law pertaining to fish and game is guilty of a misdemeanor, except if a felony is expressly provided by law, and shall be fined an amount of 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, unless a different punishment is expressly provided by law for the violation. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of that person's license and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period set by the court. If the court imposes forfeiture of the person's license and privilege to hunt, fish, or trap or to use state lands, the department shall notify the person of the loss of privileges as imposed by the court. The person shall surrender all licenses, as ordered by the court, to the department within 10 days.
(2) (a) A person convicted of unlawfully taking, killing, possessing, or transporting a bighorn sheep, moose, wild buffalo, caribou, mountain goat, black bear, or grizzly bear or any part of these animals shall be fined an amount of not less than $500 or more than $2,000, or be imprisoned in the county detention center for not more than 6 months, or both. In addition, that person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 30 months from the date of conviction or forfeiture, unless the court imposes a longer forfeiture period. For each conviction or forfeiture, the department shall notify the person of the loss of privileges. The person shall surrender all hunting, fishing, and trapping licenses to the department within 10 days.
(b) A person convicted of unlawfully taking, killing, possessing, or transporting a deer, antelope, elk, or mountain lion or any part of these animals shall be fined an amount of not less than $300 or more than $1,000, or be imprisoned in the county detention center for not more than 6 months, or both. In addition, that person, upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture, unless the court imposes a longer forfeiture period. For each conviction or forfeiture, the department shall notify the person of the loss of privileges. The person shall surrender all hunting, fishing, and trapping licenses to the department within 10 days.
(c) A person convicted of unlawfully attempting to trap or hunt a game animal shall be fined an amount of not less than $200 or more than $600, or be imprisoned in the county detention center for not more than 60 days, or both.
(d) A person convicted of purposely, knowingly, or negligently taking, killing, trapping, possessing, transporting, shipping, labeling, or packaging a fur-bearing animal or pelt of a fur-bearing animal in violation of any provision of this title shall be fined an amount of not less than $100 or more than $1,000, be imprisoned in the county detention center for not more than 6 months, or both. In addition, that person, upon conviction or forfeiture of bond or bail, shall forfeit any current license and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture, unless the court imposes a longer forfeiture period, and any pelts possessed unlawfully must be confiscated. For each conviction or forfeiture, the department shall notify the person of the loss of privileges. The person shall surrender all hunting, fishing, and trapping licenses to the department within 10 days.
(e) A person convicted of hunting, fishing, or trapping while that person's license is forfeited or a privilege is denied shall be imprisoned in the county detention center for not less than 5 days or more than 6 months. In addition, that person may be fined an amount of not less than $500 or more than $2,000.
(3) If a person is convicted of illegally taking an animal described in 87-1-111 or 87-1-115 through the use of spotlights projected artificial light, nightscopes, or infrared scopes, the person is prohibited from fishing or hunting in the state for an additional 5 years following the ending date of the original prohibition period. In addition, the person, upon conviction or forfeiture of bond or bail, shall successfully complete, at the person's own expense, a department-sponsored hunter education course.
(4) A person convicted or who has forfeited bond or bail under this section and whose license privileges are forfeited may not purchase, acquire, obtain, possess, or apply for a hunting, fishing, or trapping license or permit during the period when license privileges have been forfeited. A person convicted of unlawfully purchasing, acquiring, obtaining, possessing, or applying for a hunting, fishing, or trapping license during the period when license privileges have been forfeited shall be fined an amount of not less than $500 or more than $2,000, be imprisoned in the county jail for not more than 60 days, or both.
(5) A person convicted or who has forfeited bond or bail under this section and who has been ordered to pay restitution under the provisions of 87-1-111 or 87-1-115 may not apply for any special license under Title 87, chapter 2, part 7, or enter any drawing for a special license or permit for a period of 5 years following the date of conviction or restoration of license privileges, whichever is later. If the violation involved the unlawful taking of a moose, a bighorn sheep, or a mountain goat, the person may not apply for a special license or enter a drawing for a special license or permit for the same species of game animal that was unlawfully taken for an additional period of 5 years following the ending date of the first 5-year period. A person convicted of unlawfully applying for any special license under Title 87, chapter 2, part 7, or unlawfully entering a drawing for a special license or permit shall be fined an amount of not less than $500 or more than $2,000, be imprisoned in the county detention center for not more than 60 days, or both.
(6) (a) A person convicted of a second offense of any of the following offenses within 10 years of the first conviction or who is convicted of two or more of the following offenses at different times within a 10-year period is subject to the penalties provided in subsection (6)(b):
(i) hunting during a closed season;
(ii) spotlighting taking an animal or hunting while using projected artificial light;
(iii) hunting without a license;
(iv) unlawful taking of more than double the legal bag limit;
(v) unlawful possession of more than double the legal bag limit; and
(vi) waste of game by abandonment in the field.
(b) (i) A person convicted of the offenses in subsection (6)(a) in the time periods specified in subsection (6)(a) shall be fined an amount of not less than $2,000 or more than $5,000, or be imprisoned in the county jail for not more than 1 year, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit all current hunting, fishing, and trapping licenses issued by this state and the privilege to hunt, fish, or trap in this state for 60 months from the date of conviction or forfeiture, unless the court imposes a longer forfeiture period.
(ii) The department shall notify the offender of the loss of privileges.
(iii) The offender shall surrender all hunting, fishing, and trapping licenses to the department within 10 days after having received notice from the department that privileges have been revoked.
(7) (a) A person convicted of a third offense of any of the following offenses within 10 years of the first conviction is subject to the penalties provided in subsection (7)(b):
(i) hunting during a closed season;
(ii) spotlighting taking an animal or hunting while using projected artificial light;
(iii) hunting without a license; and
(iv) unlawful taking of more than double the legal bag limit.
(b) (i) A person convicted of the offenses in subsection (7)(a) in the time period specified in subsection (7)(a) shall be fined an amount of not less than $5,000 or more than $10,000, or be imprisoned in the county jail for not more than 1 year, or both. In addition, the person, upon conviction or forfeiture of bond or bail, shall forfeit all current hunting, fishing, and trapping licenses issued by this state and the privilege to hunt, fish, or trap in this state for life.
(ii) The department shall notify the offender of the loss of privileges.
(iii) The offender shall surrender all hunting, fishing, and trapping licenses to the department within 10 days after having received notice from the department that privileges have been revoked.
(8) Subject to sentencing restrictions, the court shall order a person who is convicted pursuant to this section to pay the costs of imprisonment under this section.
(9) A mandatory forfeiture of privileges imposed pursuant to this section does not apply to juveniles. However, the court may, at its discretion, order forfeiture of a juvenile's license and privilege to hunt, fish, or trap upon conviction or forfeiture of bond or bail for a violation of this title.
(10) Notwithstanding the provision of subsection (1), the penalties provided by this section are in addition to any penalties provided in Title 37, chapter 47, and Title 87, chapter 4, part 2.
(11) If an administrative authority suspends a license, permit, or privilege to obtain a license or permit issued under this title, the administrative authority or the department shall notify the person of the suspension and the person shall surrender the license or permit to the department within 10 days.
(12) For the purposes of this section, the terms "knowingly", "negligently", and "purposely" have the same meaning as meanings provided in 45-2-101."
Section 2. Section 87-3-101, MCA, is amended to read:
"87-3-101. General restrictions. Except as provided in 87-2-803(4), it is unlawful for anyone to hunt or attempt to hunt any game animal or game bird:
(1) from any self-propelled or drawn vehicle;
(2) on, from, or across any public highway or the shoulder, berm, or barrow pit right-of-way of any public highway, as defined in 61-1-101, in the state of Montana; or
(3) by the aid or with the use of any set gun, jacklight, spotlight or other projected artificial light, trap, snare (except as allowed in 87-3-127 and 87-3-128), salt lick, or bait."
Section 3. Section 87-3-506, MCA, is amended to read:
"87-3-506. Wasting of fur-bearing animals. (1) A person commits the offense of wasting a fur-bearing animal if that person purposely or knowingly: who
(a) fails to pick up traps or snares at the end of the trapping season so that the pelt of a fur-bearing animal is wasted; or
(b) attends his traps or snares so that fur-bearing animals are wasted; or
(c) wastes the pelt of any fur-bearing animal is guilty of a misdemeanor and upon conviction shall be punished as provided by law.
(2) The department of fish, wildlife, and parks shall enforce the provisions of this section.
(3) (a) Federal, state, and county predator control programs are exempt from this section.
(b) Pelts of muskrat and beaver killed pursuant to 87-3-501(2) are exempt from this section.
(4) As used in this section, "pelt" means the pelt, skin, or fur of a fur-bearing animal."
Section 4. Effective date. [This act] is effective on passage and approval.
- END -
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