Montana Captive Hunting Statutes and Regulations

Complete Ban

Statute

Montana law includes two sections which address shooting preserves and the management of alternative livestock. Alternative livestock is defined as "a privately owned caribou, white-tailed deer, mule deer, elk, moose, antelope, mountain sheep, or mountain goat indigenous to the state of Montana, a privately owned reindeer, or any other cloven hoofed ungulate as classified by the department." M.C.A. §87-4-406(1).

 A ballot initiative in November 2000 amended a statute dealing with the management of alternative livestock. The amended statute specifies that "a person may not operate an alternative livestock ranch in this state without having first obtained an alternative livestock ranch license from the department..." Id. At §87-4-407.

A person cannot, however, apply for or be granted a license after the effective date of the act. Id. The 2000 ballot initiative also amended §87-4-414 (2) and §87-4-412.

Pursuant to an alternative livestock ranch license the "licensee may acquire, breed, grow, keep, pursue, handle, harvest, use, sell, or dispose of the alternative livestock and their progeny in any quantity and at any time of year as long as the licensee complies with the requirements of this part, except that the licensee may not allow the shooting of game animals or alternative livestock, as defined in §87-2-101 or §87-4-406, or of any exotic big game species for a fee or other remuneration on an alternative livestock facility." Id. at §87-4-414(2).

The Department of Fish, Wildlife, and Parks and the Department of Livestock have split jurisdiction over the management of alternative livestock. The Department of Fish, Wildlife, and Parks "has primary jurisdiction over alternative livestock ranches with regard to licensing, reports, recordkeeping, exterior fencing, classification of certain species under §87-4-424, unlawful capture under §87-4-418, inspection under §87-4-413, and enforcement of the functions listed in this subsection." Id. At §87-4-408(1).

The Department of Livestock has primary jurisdiction over "alternative livestock ranches with regard to marking, inspection, transportation, importation, quarantine, hold orders, interior facilities, health, and enforcement of the functions listed in this subsection." Id. at §87-4-408(2).

In addition, both departments "shall, by July 1, 2001, conduct a programmatic review of environmental impacts that may be associated with the granting of a license to operate an alternative livestock ranch." Id. at §87-4-433.

The Montana Department of Fish, Wildlife, and Parks is authorized and empowered "to issue operating licenses or permits for shooting preserves which may be privately owned and operated and to make such rules and regulations as may be necessary and proper in carrying out the purposes of this part." Id. At §87-4-501.

The game permitted to be hunted in shooting preserves "shall be confined to artificially propagated pheasants, quail, chukar partridges, turkeys, and such other species as the department may add from time to time." Id. at §87-4-522.

Any wild game found on a shooting preserve may be harvested in accordance with applicable license, game, and hunting laws pertaining to open seasons, bag and possession limits, and rules as are established regularly by the department and the U.S. fish (sic) and Wildlife Service." Id. at §87- 4-527.

Regulation

As specified in Montana's regulations, "the following species may be artificially propagated and hunted in shooting preserves having operating licenses or permits issued by the department under 87-4-501, et seq.: (a) pheasant, (b) quail, (c) chukar partridge, (d) turkey, (e) Hungarian partridge." M.R. §12.6.1202(1) (a-e).

Furthermore, "other species that may be added to the list in subsection (1) shall be limited to artificially propagated species of birds that are indigenous to Montana, or have established a permanent population in Montana and are found in the wild." Id. at §12.6.1202(2).

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