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A Bill for an Act entitled: "An Act clarifying management responsibilities
for wild buffalo or bison in Montana; amending sections 87-1-216,
and 87-2-730, MCA; repealing section 81-2-120, MCA; and providing
an immediate effective date."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 87-1-216 , MCA, is amended
to read:
"87-1-216. Wild buffalo or bison management
.
(1) The legislature finds that wild buffalo or bison are valued,
native wildlife in the state of Montana.
(2) The Montana Department of Fish, Wildlife & Parks, hereafter
“department”:
(a) is responsible for the management, including but not limited
to fair chase public hunting, of wild buffalo or bison in Montana;
(b) is responsible for the management of wild buffalo or bison which
may threaten person or property and shall cooperate with the Department
of Livestock to protect private property as provided in 81-2-121.
(3) The department may adopt rules with regard to wild buffalo or
bison that are in need of management because of potential damage
to person or property.
(4) Whenever the department is responsible for the death of a wild
buffalo or bison, either purposefully or unintentionally, the carcass
of the animal must be disposed of by the most economical means,
included but not limited to burying, incineration, rendering, or
field dressing for donation or delivery to a department-approved
slaughterhouse or slaughter destination.
(5) In disposing of the carcass, the department:
(a) as first priority, may donate a wild buffalo or bison carcass
to a charity or to an Indian tribal organization; or
(b) may sell a wild buffalo or bison carcass to help defray expenses
of the department. If the carcass is sold in this manner, the department
shall deposit any revenue derived from the sale of the wild buffalo
or bison carcass to the state special revenue fund to the credit
of the department."
{Internal References to 87-1-216: None.}
Section 2. Section 87-2-730, MCA, is amended to
read:
"87-2-730. Special wild buffalo license -- regulation.
(1) The public hunting of wild buffalo or bison is permitted only
when authorized by the department pursuant to rules developed by
the department.
(2) The department may issue special licenses to hunt wild buffalo
or bison. (3) The department shall adopt rules for fair chase public
hunting of wild buffalo or bison. The rules must provide for:
(a) license drawing procedures;
(b) drawing and application fees consistent with 87-2-113;
(c) notification of license recipients as to when and where they
may hunt;
(d) fair chase hunting of wild buffalo or bison, including requirements
that hunting be conducted on foot and away from public roads and
that there be no designation of specific wild buffalo or bison to
be hunted;
(e) means of taking and handling of carcasses in the field;
(f) tagging requirements for carcasses, skulls, and hides;
(g) possession limits;
(h) requirements for transportation and exportation;
{Internal References to 87-2-730:81-2-120 r 87-1-216
a 87-1-216 a}
NEW SECTION. Section 3. {standard} Repealer. Section
81-2-120, MCA, is repealed.
{Internal References to 81-2-120: 87-1-216 a 87-1-216
a 87-2-730 a 87-2-730 a}
NEW SECTION. Section 4. {standard} Effective date.
[This act] is effective on passage and approval.
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