sb 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds...

24
44th Legislature SB 0279/01 l 2 3 4 5 6 7 il 9 10 ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 SElV\TE BILL NO. 279 INTRODUCED BY ROBERTS A BILL FOR AN ACT ENTITLED: "AN ACT TO SECTIONS 26-202.1 AND 26-230, R.C.M. 1947, TO FOR A FEE INCREASE IN THE RESIDENT CONSERVATION LICENSE; DELETE T'rlE PIONEER PIONEER-CONSERVATION LICENSE; AND PROVIDE RESIDING AT HOSPITALS OPERATED BY VETERANS ADMINISTRATION FREE FISHING dE IT ENACTED BY TI:IE LEGISLATURE OF TI:IE STATE OF MONTAi.A: Section 1. Section 26-202.1, R.C.M. '1947, is amended to read as follows: •26-202.1. Licenses--fees--classifications of licenses--fees and powers under licenses. (l) Class A license--Resident Fishing License. Any resident as defined by section 26-202.3, upon payment of a fee of five dollars ($5) shall receive a Class A license which shall entitle the holder thereof to fish with hook and line or rod as authorized by regulations of the commission. (2) Class A-1 license--Resident Game Bird License. Except as herein provided, any resident as defined by section 26-202.3, who is twelve (12) years of age or older, may, upon payment of a fee of two dollars ($2) receive a Class A-1 license, which will entitle the holder to pursue, I NT R0 D UC E D B I L L l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SB 0279/01 hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations of the commission. (a) No hunting licenses shall be issued to any resident person under the age of eighteen (18) years unless he presents to the person authorized to issue such license a certificate of competency as provided by this section. The department of fish and game shall provide for a course of instruction in the safe handling of firearms and for the purpose may cooperate with any reputable association or organization having as one of its objectives the promotion of safety in the handling of firearms. The department may designa-te any person found by it to be canpetent to give instructions in the handling of firearms. A person so appointed shall give such course of instruction and upon the successful completion thereof shall issue to the person instructed a certificate of competency in the safe handling of firearms. ( 3) Class A-2 License--Special Bow and Arrow License. Any holder of a Class A-1 license and any one of the following: a Class A-3, A-4, A-5, B-2, B-5 or B-6 license, may upon payment of an additional sum of three dollars ($3) to any agent of the fish and game commission authorized to issue fishing and hunting licenses be entitled to a Class A-2 license,· which shall authorize the holder thereof to -2- SB 279

Upload: others

Post on 20-Sep-2020

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

44th Legislature SB 0279/01

l

2

3

4

5

6

7

il

9

10

ll

12

13

l4

15

16

17

18

19

20

21

22

23

24

25

SElV\TE BILL NO. 279

INTRODUCED BY ROBERTS

A BILL FOR AN ACT ENTITLED: "AN ACT TO ,AM&~D SECTIONS

26-202.1 AND 26-230, R.C.M. 1947, TO P~OVIDE FOR A FEE

INCREASE IN THE RESIDENT CONSERVATION LICENSE; DELETE T'rlE

PIONEER .~iu CO~INATION PIONEER-CONSERVATION LICENSE; AND

PROVIDE VET~RANS RESIDING AT HOSPITALS OPERATED BY VETERANS

ADMINISTRATION FREE FISHING PRIVI~GES."

dE IT ENACTED BY TI:IE LEGISLATURE OF TI:IE STATE OF MONTAi.A:

Section 1. Section 26-202.1, R.C.M. '1947, is amended

to read as follows:

•26-202.1. Licenses--fees--classifications of

licenses--fees and powers under licenses. (l) Class A

license--Resident Fishing License. Any resident as defined

by section 26-202.3, upon payment of a fee of five dollars

($5) shall receive a Class A license which shall entitle the

holder thereof to fish with hook and line or rod as

authorized by regulations of the commission.

(2) Class A-1 license--Resident Game Bird License.

Except as herein provided, any resident as defined by

section 26-202.3, who is twelve (12) years of age or older,

may, upon payment of a fee of two dollars ($2) receive a

Class A-1 license, which will entitle the holder to pursue,

I N T R 0 D U C E D B I L L

l

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

hunt, shoot and kill game birds and possess the dead bodies

of game birds which are so authorized by regulations of the

commission.

(a) No hunting licenses shall be issued to any

resident person under the age of eighteen (18) years unless

he presents to the person authorized to issue such license a

certificate of competency as provided by this section.

The department of fish and game shall provide for a

course of instruction in the safe handling of firearms and

for the purpose may cooperate with any reputable association

or organization having as one of its objectives the

promotion of safety in the handling of firearms. The

department may designa-te any person found by it to be

canpetent to give instructions in the handling of firearms.

A person so appointed shall give such course of instruction

and upon the successful completion thereof shall issue to

the person instructed a certificate of competency in the

safe handling of firearms.

( 3) Class A-2 License--Special Bow and Arrow License.

Any holder of a Class A-1 license and any one of the

following: a Class A-3, A-4, A-5, B-2, B-5 or B-6 license,

may upon payment of an additional sum of three dollars ($3)

to any agent of the fish and game commission authorized to

issue fishing and hunting licenses be entitled to a Class

A-2 license,· which shall authorize the holder thereof to

-2- SB 279

Page 2: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

pursue, hunt, shoot, and kill deer, antelope and elk with

bow and arrow and to possess the carcass of deer, antelope

and elk during a special season, as so licensed and in

special areas, as may be designated by the fish and game

commission.

(4} Class A-3, A-4, A-5, A-6 Licenses. Any resident as

defined by section 26-202.3 who is twelve (12} years of age

or older 1 may upon payment of the proper fee or fees be

entitled to purchase one each of the following licenses:

Class A-3, Deer A Tag, three dollars ($3); Class A-4 1 Deer B

Tag, five dollars ($5}; Class A-5 Elk Tag three dollars

( $3) ; Class A-6, Black or Brown Bear Tag 1 five dollars ( $5) ;

wnich will entitle the holder to pursue, hunt, shoot, and

kill the game animal or animals authorized by the license

held and to possess the dead bodies of game animals of the

state which are so authorized by the regulation of the

=mmission.

(5} Class B License--Nonresident Fishing License. Any

person not a resident as defined in section 26-202.3, upon

payment of the sum of twenty dollars ($20} to any agent of

the fish and game commission authorized to issue fishing and

hunting licenses, shall be entitled to a Class B license,

which shall entitle the holder thereof to fish with hook and

line as authorized by the rules and regulations of the

commission.

-3- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

{6) Class B-1 License--Nonresident Game Bird License.

Except as herein provided, any person not a resident as

defined in section 26-202.3, but who is twelve (12} years of

age or older, upon payment of the sum of twenty-five dollars

($25) to any agent of the fish and game commission

authorized to issue fishing and hunting licenses shall be

entitled to a Class B-1 license, which shall entitle the

holder thereof to pursue, hunt, shoot, kill and possess game

birds as authorized by the rules and regulations of the

commission •

No hunting licenses shali be issued to any nonresident

person l.mder the age of eighteen ( 18) years unless he

presents to the person authorized to issue such license a

certificate of competency as provided in section 26-202.1

{2) (a) or a certificate verifying that he has successfully

completed a course in the safe handling of firearms in any

state or province.

(7) Class B-2 License--Nonresident Big Game License.

Any person not a resident as defined in section 26-202.3,

but who is twelve (12} years of age or older, upon the

payment of the sum of one hundred twenty-five dollars ($125)

for the license year from May 1, 1967 to April 30, 1968 and

thereafter for subsequent license years upon payment of the

sum of one hundred fifty dollars ($150} to any agent of the

fish and game commission authorized to issue fishing and

-4- SB 279

Page 3: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

hunting licenses, shall be entitled to a Class B-2 license

which shall authorize the holder to pursue, hunt, shoot, and

kill game animals in the area or areas designated in the

license, as determined by the commission, and to possess the

carcasses of same, and to pursue, hunt, shoot, kill and

possess game birds, and to fish with hook and line as may

hereinafter be authorized by the rules and regulations of

the commission.

( S) Class B-3 license--Temporary Nonresident or

Tourist Fishing License. Any person not a resident as

defined in section 26-202.3, upon payment of the sum of ten

dollars ($10) to any agent of the fish and g,ame commission

authorized to issue fishing and hunting licenses, shall be

entitled to a temporary nonresident fishing license, which

shall authorize the holder to fish with hook and line as

authorized by the rules and regulations of the fish and game

commission for a period of six (6) days inclusive of the

dates indicated an the license.

(9) Class B-5 License--Nonresident Deer License. Any

pers= not a resident as defined in section 26-202.3, but

who is twelve (12) years of age or older, upon the payment

of the sum of thirty-five dollars ($35) shall be entitled to

a Class B-5 license which shall authorize the holder to

p.1rsue, hunt, shoot, and kill one (1) deer in the area or

areas designated in the license, as determined by the

-5- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

commission, and to possess the carcass of same.

(10) Class B-6 License--Nonresident Antelope License.

Any person not a resident as defined in section 26•202.3,

but who is twelve ( 12) years of age or older, upon the

payment of the sum of thirty-five dollars ( $35) shall be

entitled to a Class B-6 license which shall authorize the

holder to pursue, hunt, shoot, and kill one (1) antelope in

the area designated in the license, as determined by the

commission, and to possess the carcass of same.

(11) Special licenses. Any applicant who is a resident

as defined by section 26-202.3, or any applicant who is the

holder of a Class B-2 nonresident big game license may apply

for a special license,.which in the judgment of the fish and

game commission, is to be issued and shall pay the folla.ring

fees therefor:

Moose, resident twenty-five dollars ($25}, nonresident

fifty dollars ($50) 7

Mountain Goat, resident fifteen dollars ( $15) ,

nonresident thirty dollars ($30)7

Mountain Sheep, resident twenty-five dollars ($25),

nonresident fifty dollars ($50);

Antelope, resident three dollars ($3}, nonresident ten

dollars ($10}7

Grizzly Bear, resident five dollars ($5), nonresident

grizzly, black or brown bear, thirty-five dollars ($35).

-6- SB 279

Page 4: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

In the event a holder of a valid special grizzly bear

license kills a grizzly bear, he must purchase a trophy

license for a fee of twenty-five dollars ($25) within ten

(10) days after date of kill. Such trophy license shall

authorize the holder to possess and transport said trophy.

In the event that the nuw.ber of valid applications for

special licenses exceeds the number of special licenses

which the fish and game commission desires to issue in any

hunting district, then the number of special licenses issued

to the holders of Class B-2 nonresident big gaue licenses

shall not exceed ten per cent (10%) of the total issued.

(12) Class C License--Trapper's License. Any resident

as defined in section 26-202.3, upon making application and

paying the sum of ten dollars ( $10) to the fish and game

commission, shall be entitled to a trapper's license, which

shall authorize the holder thereof to trap fur-bearing

animals, within the state of Montana at such times and in

such manner as may be lawful so to do under the laws of the

state and the regulations of the fish and game commission,

and at such places as may be designated in said license.

( 13) Class c-1 License--Landowner's Trapping License.

Any owner or tenant, or member of the immediate family of

said owner or tenant, upon making application to the fish

and game commission, and upon payment of the sum of one

dollar ($1) shall be entitled to a landowner's trapping

-7- SB 279

1

2

3

4

5

6

7

s

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

license which shall entitle the holder thereof to trap any

fur-bearing animal, except beaver, on land owned or leased

by him, or his immediate family, at such tiues and in such

manner as may be lawful so to do under the laws of the state

and the regulations of the fish and game commission and at

such places as may be designated in said licenses.

(14) Exception. (a) A resident under the definition of

section 26-202.3, who is sixty-two (62) years or older shall

be entitled to fish and hunt game birds with a t"iet!~

~~eeftee 'conservation license issued by the state fish and

game commission for a fee of t~~~ee~-eeft~e-~$~~§* one dollar

( $1). The form of such license shall be prescribed by the

fish and game commission.

(b) Any veteran who is a patient residing at a

hospital operated by the veterans administration, within or

outside the state, and Ree~eeft~e residents of all

institutions under the jurisdiction of the state board of

institutions, except the M:mtana state prisat at Deer Lodge,

will be entitled to fish without a license. Such residents

shall carry a permit on a form prescribed by the commission

and signed by the superintendent of the institution in lieu

of a license.

~e+-A-•e~~aft-whe-ie-e-pa~~eft~-ree~ai~~-·~--«--heepi~a~

epe~a~ee--ey--~~.e~e.tfte-eam~ft~e~~eieft7-wi~ftift-~-ea~e~ee

~e-e~eee7-Me~-~~eh-w~eh-e-~ieeftee-iee~ee-ey-~he-heae-ei-~e

-8- SB 279

Page 5: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

ll

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

he~~~e~--eft--i~e--~ree~teee---e~e---~Hrft~eh~---ey---~he

eemM~ee~eft~--~he-~ee-~~-eHeft-~~eeftee-ehe~i-~e-~~~~eeft-ee~~e

f$ .. ~# ..

~et l£L If a person is convicted of a violation of the

fish and game laws or regulations of Montana, the privilege

conferred by this subsection shall be revoked for not less

than six (6) months.

~et ill Residents, as defined by section 26-202.3,

under the age of fifteen (15) years may purchase Class A-1,

A-3, A-4, and A-5 licenses for one-half (1/2) of the fees

prescribed in this section.

~-it ~ The commission, by rule or ,regulation, may

prescribe the number of Class B-5 and B-6 licenses to be

issued in each of the hunting districts designated by it.

~!t l!L Special antelope licenses. In the event the

number of valid applications for special

for a hunting district exceeds the

antelope

quota set

licenses

by the

commission for the district, such licenses shall be awarded

by a drawing. Persons making valid application who did not

receive an antelope license during the season immediately

preceding the drawing shall be given first preference in

such drawing for first, second and third choice hunting

districts. The commission shall have the authority to

promulgate such rules and regulations as are necessary to

implement this subsection.

-9- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

(15) Only one (1) license of any one (1) class, except

Class B-3 and B-4 licenses, shall be issued to any one (1)

person, provided, however, that the commission may prescribe

rules and regulations for the issuance or sale of a

replacement license of the same class in the event the

original license is lost, stolen or destroyed upon payment

of the sum of one dollar ($1).

(16) Class AAA License--Sportsman's License.

resident, as defined by section 26-202.3, who is twelve

Any

(12)

years of age or older, upon payment of the sum of twenty

dollars ($20) shall be entitled to a sportsman's license

which shall permit the holder to exercise all rights granted

to holders of Class A,. A-1, A- 3 , A- 5 and A- 6 licenses. The

commission shall fuDlish each holder of a sportsman's

license an appropriate decal.

(17) Class D-1 License--Nonresident Mountain Lion

License. Any person not a resident as defined in section

26-202.3, but who is twelve (12) years of age or older, upon

payment of the sum of twenty-five dollars ($25) to any agent

of the fish and game commission authorized to issue fishing

and hunting licenses shall be entitled to a Class D-1

license, which shall entitle the holder thereof to pursue,

hunt, shoot, kill and possess mountain lion as authorized by

the rules and regulations of the commission.

(18) Class D- 2 License--Resident 1-buntain Lion

-10- SB 279

Page 6: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

96

7

SB 02 79/01

License. Any person who is a resident as defined in section

26-202.3, and who is twelve (12) years of age or older, upon

payment of the sum of five dollars ($5) to any agent of the

fish and game commission authorized to issue fishing and

hunting licenses shall be entitled to a Class D-2 license,

which shall entitle the holder thereof to pursue, hunt,

shoot, kill and possess mountain lion as authorized by the

8 rules and regulations of the commission. •

9 Section 2. Section 26-230·, R.C. M. 1947, is amended to

10 read as follows:

11

12

13

.26-230.

license tags

conservation

Application--hunting, fishing or

to be affixed or recorded on

license--fees--expiration. A

trapping

wildlife

wildlife

14 conservation license shall be sold upon written application

15 in such form and containing his ncme, age, occupation, place

16 of residence, post-office address, length of time in the

17 state of Montana, whether a citizen of the United States or

18 an alien and present a driver's license or other

19 identification to substantiate such information and shall be

20 subscribed by the applicant. Hunting, fishing or trapping

21 licenses in the form of tags or stamps issued to a holder of

22 a wildlife conservation license must be affixed to or

23 recorded on the wildlife conservation license according to

24

25

such regulations as the commission may prescribe. ~ieen~~7

~e--aefi~ee--~--e~i~-~~-iei~~7-m~y-~eheee-~-reeieeft~~e

-11- SB 279

1

2

3

4

5

6

SB 0279/01

~ieeBee-~er-~-~ee-efi-~~r-five-ee~~e-i•~~§*-e~e-~~-~ere

e-fteft~eeieeft~Ls-~ieenee--~er--e--~ee--et--~--eei~er--f•~*~

Resident and nonresident wildlife conservation licenses may

be purchased for a fee of one dollar ($1). Licenses issued

shall be void after the thirtieth (30th) day of April next

succeeding their issuance.•

-End-

-12- SB 279

Page 7: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

44th Legislature SB 0279/01

1

2

3

4

5

6

7

a

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Approved by Comm. 'ln Rules

Approved by Comrn. on Fish and Game

Approved by Committee on Natur:.<l_ Resources

SENATE BILL NO. 279

INTRODUCED BY ROBERTS

A BILL FOR AN ACT ENTITLED: "AN ACT TO AMEND SECTIONS

26-202.1 AND 26-230, R.C.M. 1947, TO PROVIDE FOR A FEE

INCREASE IN THE RESIDENT CONSERVATION LICENSE: DELETE THE

PIONEER AND COMBINATION PIONEER-CONSERVATION LICENSE; AND

PROVIDE VETBRANS RESIDING AT HOSPITALS OPERATED BY VETERANS

ADMINISTRATION FREE FISHING PRIVILEGEs.•

dE IT ENACTED BY THE L'EGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 26-202.1, R.C.M. •1947, is amended

to read as follows:

•26-202.1. Licenses--fees--classifications of

licenses--fees and powers under licenses. (1) Class A

license--Resident Fishing License. Any resident as defined

by section 26-202.3, upon payment of a fee of five dollars

($5) shall receive a Class A license which shall entitle the

holder thereof to fish with hook and line or rod as

authorized by regulations of the commission.

(2) Class A-1 license--Resident Game Bird License.

Except as herein provided, any resident as defined by

section 26-202.3, who is twelve (12) years of age or older,

may, upon payment of a fee of two dollars {$2) receive a

Class A-1 license, which will entitle the holder to pursue,

S E C 0 N D R E A D I N G

1

2

3

4

5

6

7

8

9

10

11

:&.2

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

hunt, shoot and kill game birds and possess the dead bodies

of game birds which are so authorized by regulations of the

conuniss ion.

(a) No hunting licenses shall be issued to any

resident person under the age of eighteen (18) years unless

he presents to the person authorized to issue such license a

certificate of competency as provided by this section.

The departmeitt of fish and game shall provide for a

course of instruction in the safe handling of firearms and

for the purpose may cooperate with any reputable association

or organization having as one of its objectives the

promotion of safety in the handling of firearms. The

department may designa-te any person found by it to be

competent to give instructions in the handling of firearms.

A person so appointed shall give such course of instruction

and upon the successful completion thereof shall issue to

the person instructed a certificate of competency in the

safe handling of firearms.

(3) Class A-2 License--Special Bow and Arrow License.

Any holder of a Class A-1 license and any one of the

following: a Class A-3, A-4, A-5, B-2, B-5 or B-6 license,

may upon payment of an additional sum of three dollars ($3)

to any agent of the fish and game cornrr~ssion authorized to

issue fishing and hunting licenses be entitled to a Class

A-2 license, which shall authorize the holder thereof to

-2- SB 279

Page 8: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

B

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

pursue, hunt, shoot, and kill deer, antelope and elk with

bow and arrow and to possess the carcass of deer, antelope

and elk during a special seascn, as so licensed and in

special areas, as may be designated by the fish and game

commission.

(4) Class A-3, A-4, A-5, A-6 Licenses •. Any resident as

defined by section 26-20 2. 3 who is twelve (12) years of age

or older, may upon payment

entitled to purchase one each

of the proper fee or fees be

of the following licenses:

Class A-3, Deer A Tag, three dollars ($3) 1 Class A-4, Deer B

Tag, five dollars ($5) 1 Class A-5 Elk Tag three dollars

($3)# Class A-6, Black or Brown Bear Tag, five dollars ($5):

which will entitle the holder to pursue, hunt, shoot, and

kill the game animal or animals authorized by the license

held and to possess the dead bodies of game animals of the

state which are so authorized by the regulation of the

co!lliDiss ion.

(5) Class B License--Nonresident Fishing License. Any

person not a resident as defined in section 26-202.3, upon

payment of the sum of twenty dollars ($20) to any agent of

the fish and game commission authorized to issue fishing and

hunting licenses, shall be entitled to a Class B license,

whicll ahall enti Ue the holder thereof to fish with hook and

line as authorized by the rules and regulations of the

commission.

-3- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

2·2

23

24

25

SB 0279/0l

(6) Class B-1 License--Nonresident Game Bird License.

Except as herein provided, any person not a resident as

defined in section 26-202.3, but who is twelve (12) years of

age or older, upon payment of the sum of twenty-five dollars

( $2 5) to any agent of the fish and g arne commission

authorized to issue fishing and hunting licenses shall be

entitled to a Class B-1 license, which shall entitle the

holder thereof to pursue, hunt, shoot, kill and possess game

birds as authorized by the rules and regulations of the

commissicm.

No hunting licenses shall be is sued to any nonresident

person under the age of eighteen (18) years unless he

presents to the person authorized to issue such license a

certificate of competency as provided in section 26-202.1

(2) (a) or a certificate verifying that he has successfully

completed a course in the safe handling of firearms in any

state or province.

(7) Class B-2 License--Nonresident Big Game License.

Any person not a resident as defined in section 26-202.3,

but who is twelve (12) years of age or older, upon the

payment of the sum of one hundred twenty-five dollars ($125)

ier t:h& lieima& year :from May 1, 1967 to April 30-, 196i and

thereafter for subsequent license years upon payment of the

sum of one hundred fifty dollars ( $150) to any agent of the

fish and game collliili.ssion authorized to issue fishing and

-4~ SB 279

Page 9: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

hunting licenses, shall be entitled to a Class B-2 license

which shall aut~orize the holder to pursue, hunt, shoot, and

kill game animals in the area or areas designated in the

license, as determined by the commission, and to possess the

carcasses of same, and to pursue, hunt, shoot, kill and

possess game birds, and to fish with hook and line as may

hereinafter be authorized by the rules and

the commission.

{ 8) Class B-3 license--Temporary

regulations of

Nonresident or

Tourist Fishing License. Any person not a resident as

defined in section 26-202.3, upon payment of the sum of ten

dollars ($10) to any agent of the fish and same commission

authorized to issue fishing and hunting licenses, shall be

entitled to a temporary nonresident fishing license, which

shall authorize the holder to fish with hook and line as

authorized by the rules and regulations of the fish and game

commission for a period of six (6) days inclusive of the

dates indicated on the license.

(9) Class B-5 License--Nonresident Deer License. Any

(Cers on not a resident as defined in section 26-202.3, but

who is twelve (12) years of age or older, upon the payment

of the sum of thirty-five dollars ($35) shall be entitled to

a Class B-5 license which shall authorize the holder to

p1rsue, hunt, shoot, and kill one (1) deer in the area or

areas designated in the license, as determine(! by the

-5- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

conunission, and to possess the carcass of same.

(10) Class B-6 License--Nonresident Antelope License.

Any person not a resident as defined in section 26-202.3,

but who is twelve (12) years of age or older, upon the

payment of the sum of thirty-five dollars ( $35) shall be

entitled to a Class B-6 license which shall authorize the

holder to pursue, hunt, shoot, and kill one { 1) antelope in

the area designated in the license, as determined by the

commission, and to possess the carcass of same.

(11) Special licenses. Any applicant who is a resident

as defined by section 26-202.3, or any applicant who is the

holder of a Class B-2 nonresident big game license may apply

for a special license,· which in the judgment of the fish and

garre commission, is to be issued and shall pay the following

fees therefon

Moose, resident twenty-five dollars ($25), nonresident

fifty dollars ($50):

Mountain Goat, resident fifteen dollars ( $15) 1

nonresident thirty dollars ($30):

Mountain Sheep, resident twenty-five dollars ($25),

nonresident fifty dollars ($50):

Antelope, resident three dollars ($3), nonresident ten

dollars { $10) :

Grizzly Bear, resident five dollars ($5), ~onresident

grizzly, black or brown bear, thirty-five dollars {$35).

-6- SB 279

Page 10: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

In the event a holder of a valid special grizzly bear

li:::ense kills a grizzly bear, he must purchase a trophy

license for a fee of twenty-five· dollars ($25) within ten

(10) days after date of kill. Such trophy license shall

authorize the holder to possess and transport said trophy.

In the event that the null'.ber of valid applications for

special licenses exceeds the number of special licenses

which the fish and game co~ssion desires to issue in any

hunting district, then the number of special licenses issued

to the holders of Class B-2 nonresident big game licenses

shall not exceed ten per cent (10%) of the total issued.

(12) Class C License--Trapper's License. Any resident

as defined in section 26-202.3, upon making application and

paying the sum of ten dollars ( $10) to the fish and game

commission, shall be entitled to a trapper's license, which

shall authorize the holder thereof to trap fur-bearing

animals, within the state of Montana at such times and in

such manner as may be lawful so to do under the laws of the

state and the regulations of the fish and game commission,

and at such places as may be designated in said license.

(13) Class C-1 License--Landowner's Trapping License.

Any owner or tenant, or member of the immediate family of

said owner or tenant, upon making application to the fish

and game commission, and upon payment of the sum of one

dollar ($1) shall be entitled to a, landowner's trapping

-7- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22"

23

24

25

SB 0279/01

license which shall entitle the holder thereof to trap any

fur-bearing animal, except beaver, on land owned or leased

by him, or his immediate family, at such times and in such

manner as may be lawful so to do under the laws of the state

and the regulations of the fish and game commission and at

such places as may be designated in said licenses.

(14) Exception. (a) A resident under the definition of

section 26-202.3, who is sixty-two (62) years or older shall

be entitled to fish and hunt game birds with a piet'l~

~-ieeftse •conservation license issued by the state fish and

game commission for a fee of ~oi~~eeft-eeft~-t$T~~T one dollar

($1). The form of such license shall be prescribed by the

fish and game oorrmdssion.

(b) Any veteran who is a patient residing at a

hospital operated by the veterans administration, within o.r

outside the state, and Ree~eeft~s residents of all

institutions under the jurisdiction of the state board of

institutions, except the M:lntana state prison at Deer Lodge,

will be entitled to fish without a license. Such residents

shall carry a permit on a form prescribed by the commis.sion

and signed by the superintendent of the institution in lieu

of a license.

~-A-¥e~~oie-e-pe~eft~-ree~*~-~--hee~eei

~eti-ey-.--¥e1le«tile-e8ftl.i!t'ie~*ell-r~MB-~ell..-.~

~_.~~-mey-~ieA-wi~~~ieeBee-*e~ea-ey-~ke-ftee«-ei-~e

-~ ~ 2B

Page 11: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

!J

9

10

ll

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

heep~~e~--eft--~~e--~reeer~ee---efte---~~ftieh~---~---~he

eeMMieeieft~--~he-~ee-~er-e~eh-~ieeftee-ehei~-be-~i~~eeft-eeft~e

-f~-ri-!it-r

-fet l£l If a person is convicted of a violation of the

fish and game laws or regulations of Montana, the privilege

conferred by this subsection shall be revoked for not less

than six ( 6) months.

~~ ~ Residents, as defined by section 26-202.3,

under the age of fifteen (15) years may purchase Class A-1,

A-3, A-4, and A-5 licenses for one-half (1/2) of the fees

prescribed in this sect.,ion.

-fft hl The commission, by rule or .regulation, may

prescribe the number of Class B-5 and B-6 licenses to be

issued in each of the hunting districts designated by it.

-f~t 1fL Special antelope licenses. In the event the

number of valid applications for special antelope licenses

for a hunting district exceeds the quota set by the

commission for the district, such licenses shall be awarded

by a drawing. Persons making valid application who did not

receive an antelope 1 icense during the season immediately

preceding the drawing shall be given first preference in

such drawing for first, second and third choice hunting

districts. The commission shall have the authority to

promulgate such rules and regulations as are necessary to

implement this subsection.

-9- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

(15) Only one (1) license of any one (1) class, except

Class B-3 and B-4 licenses, shall be issued to any one (1)

person, provided, however, that the commission may prescribe

rules and regulations for the issuance or sale of a

replacement license of the same class in the event the

original license is lost, stolen or destroyed

of the sum of one dollar ($1).

(16) Class AAA License--Sportsman's

upon payment

License. Any

resident, as defined by section 26-202.3, who is twelve (12)

years of age or older, upon payment of the sum of twenty

dollars ($20) shall be entitled to a sportsman's license

which shall permit the holder to exercise all rights granted

to holders of Class A,. A-1, A-3, A-5 and A-6 licenses. The

commission shall fumish each holder of a sportsman's

license an appropriate decal.

(17) Class D-1 License--Nonresident Mountain Lion

License. Any person not a resident as defined in section

26-202.3, but who is twelve (12) years of age or older, upon

payment of the sum of twenty-five dollars ($25) to any agent

of the fish and game commission authorized to issue fishing

and hunting licenses shall be entitled to a Class D-1

license, which shall entitle the holder thereof to pursue,

hunt, shoot, kill and possess mountain lion as a~thorized by

the rules and regulations of the connission.

(18) Class D-2 L icense--ResideDt H:mntain Lion

-10- SB 279

Page 12: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

l

2

3

4

5

96

7

SB 0279/01

License. f.~lY person who is a resident as defined in section

26-202.3, and who is twelve (12) years of age or older, upon

~ayment of the sum of five dollars {$5) to any agent of the

fish and garr.e commission authorized to issue fishing and

hunting licenses shall be entitled to a Class D-2 license,

which shall entitle the holder thereof to pursue, hunt,

shoot, kill and possess mountain lion as authorized by the

B rules and regulations of the commission.•

9 Section 2. Section 26-230·, R.C.M. 1947, is amended to

10

11

12

13

read as follows:

"26-230. Application--hunting, fishing

license tags to be affixed or recorded

conservation license--fees--expiration.

or

on

A

trapping

wildlife

wildlife

14 conservation license shall be sold upon written application

15 in such form and containing his name, age, occupation, place

16 of residence, post-office address, length of time in the

17 state of Montana, whether a citizen of the United States or

lB

19

an alien and present a driver's license or other

identification to substantiate such information and shall be

20 subscribed by the applicant. Hunting, fishing or trapping

21 licenses in the form of tags or starr.ps issued to a holder of

22 a wildlife conservation license must be affixed to or

23 recorded on the wildlife conservation license according to

24 such regulations as the commission rr.ay prescribe. £e~i6e!'l~'!!-;

25 es--~efi!'lea--~--'!!ee~ie!'I-~~-~S~7~-;-~~y-~eft~se-e-~eei~el'l~~s

-11- SB 279

1

2

3

4

5

6

SB 0279/01

~~eeft&e-~ep-e-~ee-ef-~weft~y-t~•e-ee!'l~e-i•~i~*-e!'le-e~~-~eP'!!

e-l'le!'l~e'!!~ee!'l~~'!!-~~eenee--~~--e--fee--ef--e!'le--eei~e~--i•~*~

Resident and nonresident wildlife conservation licenses may

be purchased for a fee of one dollar ($1). Licenses issued

shall be void after the thirtieth (30th) day of April next

succeeding their issuance.•

-End-

-12- SB 279

Page 13: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

44th Leg~slature SB 0,2.79/01

1

2

3

4

5

6

7

a

3

10

11

12

13

14

15

16

17

lB

19

20

21

22

23

24

25

SENATE BILL ao. 279

INTRODUCED BY ROBERTS

A 3ILL FOR AN ACT ENTITLED:

26-202.1 AND 26-230, R.C.M,

•AN ACT TO AM&~D SEC'l'IONS

19 4 7, 'l'O PROVIDE FOR A FEE

INCREASE IN THE RESIDENT CONSERVATION LICENSE; DELETE THE

PIONEER AND COMBINATION PIONEER-CONSERVATION LICENSE; AND

PROVIDE VETERANS RESIDING AT riOSPITALS OPERATED BY VETERANS

ADMINISTRATION FREE FISHING PRIVILEGEs.•

.dE IT E1>1ACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 26-202.1, R.C.M, "1947, is amended

to read as follows:

"26-202.1. Licenses--fees--classifications of

licenses--fees and powers under licenses.. (1) Class A

license--Resident Fishing License. Any resident as defined

oy section 26-202.3, upon payment of a fee of five dollars

($5) shall receive a Class A license which shall entitle the

holder thereof to fish with hook and line or rod

authOrized by regulations of the commission.

as

(2) Class A-1 license--Resident Game Bird License.

Except as herein provided, any resident as defined by

section 26-202.3, who is twelve (12) years of age or older,

may, upon payment of a fee of two dollars ($2) receive a

Class A-1 license, which will entitle the holder to pursue,

T H I R D R E A D I N G

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

hunt, shoot and kill game birds and possess the dead bodies

of game birds which are so authorized by regulations of the

commission.

(a) No hunting licenses shall be issued to any

resident person under the age of eighteen (18) years unless

he presents to the person authorized to issue such license a

certificate of competency as provided by this section.

The department of fish and game shall provide for a

course of instruction in the safe handling of firearms and

for the purpose may cooperate with any reputable association

or organization having as one of its objectives the

promotion of safety in the handling of firearms. The

department may designa-te any person found by it to be

canpetent to give instructions in the handling of firearms.

A person so appointed shall give such course of instruction

and upon the successful completion thereof shall issue to

the person instructed a certificate of competency in the

safe handling of firearms.

(3) Class A-2 License--Special Bow and Arrow License.

Any holder of a Class A-1 license and any one of the

following: a Class A-3, A-4, A-5, B-2, B-5 or B-6 license,

may upon payment of an additional sum of three dollars ($3)

to any agent of the fish and game commission authorized to

issue fishing and hunting licenses be entitled to a Class

A-2 license, · which shall authorize the holder thereof to

-2- SB 279

Page 14: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

1·3

14

1!

u;

17

18

u

20

2·1

22

2-3

24

25

....

SB 0279/01

pursue, hunt, shoot, and kill deer, antelope and elk with

bow and arrow and to possess the carcass of deer, antelope

and elk during a special season, as so licensed and in

speeial areas, as may be designated by the fish and game

commission.

(4) Class A-3, A-4, A-5, A-6 Licenses. Any resident as

defined by section 26-202.3 who is twelve (12) years of age

or older, may upon payment of the proper fee or fees be

entitled to purchase one each of the followihq licenses1

Class A-3, Deer A Taq, three dollars ($3): Class A-4, Deer B

Tag, five dollars ( $5) 1 Class A•S Elk Tag three dollars

( $3) 1 Class A- 6, !tlaclt or Brown Bear 'l'a<J, five dollars ( $5) :

tthieh will entitle i!ht! ht>1der to pur!lue, hunt, shoot, and

kill t:M game animal or ani-18 autbOrilll!d by the licenee

held and to post!:e8B the dead bodies of qalll! M!imal.s of the

state WhiCh are •~ autherised by the reljnlation of the

commiss ia~ .

(5) Class B License---Nonresident Fil!ftiBg Licen:se. Any

persat not a resident as IH!fined in section U-202.3, upon

payment of the s urn of t..-enty dollars ( $ 2~) to any agent of

the fish and game co111111iEtsion authorized to issue fishing and

hunting licenses, shall be entitled to a Class B licens-e,

which shall entitle the hol-der thereof to fish with hook and

line as authorized by the rules and regulations of the

commission.

-3- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

(6) Class B-1 License--Nonresident Game Bird License.

Except as herein provided, any person not a resident as

defined in section 26-202.3, but who is twelve (12) years of

age or older, upon payment of the sum of twenty-five dollars

($25} to any agent of the fish and game commission

authori.zed to issue fishing and hunting licenses shall be

entitled to a Class B-1 license, which shall entitle the

holder thereof to pursue, hunt, shoot, kill and possess game

birds as i!l'Q.thorized by the rules and regulations of the

commission.

No hunting licenses shall be issued to any nonresident

person under the age of eighteen (18) years unless he

presents to the penon authorized to issue such license a

certificate of competency as provided in section 26-202.1

(2} (a} or a certificate verifying that he has successfully

COII!pleted a course in the safe handling of firearms in any

state or province.

( 7) Class B-2 License--Nonresident Big Gane License.

Any person not a resident as defined in section 26-202.3,

but: who is twelve (12} years of age or older, upon the

payment of the sum of one hm~dred twenty-five dollars ($125)

for the license year from May 1, 1967 to April 30, 1968 and

thereafter for subsequent license years upon payment of the

sum of one h\llldred fifty oollars ( $150) to any agent of the

fish and game OOJmlission authorized to issue fishing and

-~ ~ 2B

Page 15: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

hunting licenses, shall be entitled to a Class B-2 license

which shall authorize the holder to pursue, hunt, shoot, and

kill game animals in the area or areas designated in the

license, as determined by the commission, and to possess the

car~asses of same, and to pursue, hunt, shoot, kill and

possess game birds, and to fish with hook and line as may

hereinafter be authorized by the rules and regulations of

the colllll'ission.

(B) Class B-3 license--Temporary Nonresident or

Tourist Fishing License. Any person not a resident as

defined in section 26-202.3, upon payment of the sum of ten

dollars ($10) to any agent of the fish and game cornroission

authorized to issue fishing and hunting licenses, shall be

entitled to a temporary nonresident fishing license, which

shall authorize the holder to fish with hook and line as

authorized by the rules and regulations of the fish and game

colllll'.ission for a period of six (6) days inclusive of the

dates indicated on the license.

(9) Class B-5 License--Nonresident Deer License. Any

person not a resident as defined in section 26-202.3, but

who is twelve (12) years of age or older, upon the payment

of the sum of thirty-five dollars ($35) shall be entitled to

a Class B-5 license which shall authorize the holder to

pursue, hunt, shoot, and kill one ( ll deer in the area or

areas designated in the license, as determined by the

-5- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

commission, and to possess the carcass of same.

(10) Class B-6 License--Nonresident Antelope Licer.se.

Any person not a resident as defined in section 26-202.3,

but who is twelve (12) years of age or older, upon the

payment of the sum of thirty-five dollars ($35) shall be

entitled to a Class B-6 license which shall authorize the

holder to pursue, hunt, shoot, and kill one (1} antelope in

the area designated in the license, as determined by the

oornmission, and to possess the carcass of sams.

(11} Special licenses. Any applicant who is a resident

as defined by section 26-202.3, or any applicant who is the

holder of a Class B-2 nonresident big game license may apply

for a special license,·which in the judgment of the fish and

game oommission, is to be issued and shall pay the following

fees therefor:

Moose, resident twenty-five dollars ($25), nonresident

fifty dollars ($50):

Mountain Goat, resident fifteen

nonresident thirty dollars ($30}:

dollars ( $15) ,

Mountain Sheep, resident twenty-five dollars ($25),

nonresident fifty dollars ($50):

Antelope, resident three dollars {$3), nonresident ten

dollars ($10) 1

Grizzly Bear, resident five dollars ($5), nonresident

gr~zzly, black or brown bear, thirty-five dollars ($35).

-6- SB 279

Page 16: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

H

15

16

17

18

19

20

21

22

2.3

24

25

SB 0279/01

In the event a holder of a valid special grizzly bear

license kills a grizzly bear, he must purchase a trophy

license for a fee of twenty-five dollars ($25) within ten

( 10) days after date of kill. Such tr.>pl)y license shall

authorize the holder to possess and transport said trophy.

In the event that the number of valid applications for

special licenses exceeds the nlllllber of special licenses

which the fish and q- c:aiiJiliasion desires to islllle in any

hunti.nq district, then the nuutrer of special. licensea issued

to the holders of Class B-2 nonresident big game licenses

shall not exceed ten per cent (10%) of the total issued.

(12) Class c Lice~a.pper's License. Ally resident

as defined in section 26-202.3, upoll maki.Jtq application and

paying the sulll of ten dollars {$10) to the fish and qame

COII!IIIisaion, sball be enti-tled to a trapptn:•s license, whic:b

shall authorize the holder thereof to trap fur-bearinq

animals, within the state of Montana at such times and in

such manner as may be lawful so to do under the laws of the

state and the regulations of the fish and game commission,

and at such places as IUY be designated in said license.

( 13) Class C-1. License--Landowner's Trapping License.

Any owner or tenant, or merober of the immediate family of

said owner or tenant, ~~pon making application to the fish

and game commission, and upon payment of the sum of one

dollar ($1) shall be entitled to a landowner's trappill9_

-7- SB 279

1

2

3

4

5

6

7

B

9

10

ll

12

l3

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

license which shall entitle the holder thereof to trap any

fur-bearing animal, except beaver, on land owned or leased

by him, or his immediate family, at such times and in such

manner as may be lawful so to do under the laws of the state

and the regulations of the fish and gal!le colllllli.ssion and at

such pl,aces as -y be desig-nated in said licenses.

(14) Exception. (a) A resident under the definition of

section 26-202.3, who is sixty-two (62) years or older shall

be entitled to fish i!ll\d hunt game birds with a pteft~

~· · con-rvetion license issued by the state fish and

game OOIRIItission for a fee of *'!lfteet~.-eet~U-tn-i.~ one dollar

($1). 'l'he form of such license shall be prescribed by the

fish and game oommission.

(b) llny veteran who is a pat;ient residing at a

hospital. oerated by . th! veterans aQilinist:rmon, wi tllin 0 r

outside the state, and Reri:te ~, ~idents· of all

institutions under the jurisdiction of the state board of

institutions, except the M:>ntana state pris<n at Deer Lodge,

will be entitled to fish without a license. Such residents

shall carry a pe%Riit on a form p:rescribed by the coani.ssion

and signed by the superintendent of the institution in lieu

of a license.

t~-A-ve~~aft-wh~-ie-e-pe~~~-~eeie~ft~~--e--heepi~~

~--~-~fte-ve~e-e8ttttie~~~eftr"ri~Mft---e.s~e-i«e

the-~~e?-me,-•-ieh-w~~ft-e--i.ieeftee-iee~ee-~~he-fteea-ef-the

-8- SB 279

Page 17: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

fte~~~~~~--eft--ferMe--p~eeer~ee---e~e---f~ft~8ft~---~y---~fte

~~~ee~eft~--~fte-~ee-fer-e~eft-~~eeftee-efte~~-be-f~f~eeft-eeft~e

H .. ~* .. -tet .!.£!.. If a ferson is convicted of a violation of the

fish and game laws or regulations of Montana, the privilege

conferred by this subsection shall be revoked for not less

than six (6} months.

-tet 121 Residents, as defined by section 26-202.3,

under the age of fifteen (15) years may purchase Class A-1,

A-3, A-4, and A-5 licenses for one-half [1/2) of the fees

prescribed in this section.

+H M The commission, by rule or ·regulation, may

prescribe the number of Class B-5 and B-6 licenses to be

issued in each of the hunting districts designated by it.

-t~t 1!L Special antelope licenses. In the event the

number of valid applications for special antelope licenses

for a hunting district exceeds the quota set by the

commission for the district, such licenses shall be awarded

by a drawing. Persons making valid application who did not

receive an antelope license during the season .imllediately

preceding the drawing shall be given first preference in

such drawing for first, second and third choice hunting

districts. The commission shall have the authority to

promulgate such rules and regulations as are necessary to

implement this subsection.

-9- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

(15) Only one (1) license of any one [1) class, except

Class B-3 and B-4 licenses, shall be issued to any one (1)

person, provided, hew ever, that the commission may prescribe

rules and regulations for the issuance or sale of a

replacement license of the same class in the event the

original license is lost, stolen or destroyed upon payment

of the sum of one dollar ( $1) ,

(16} Class AAA License--Sportsman's License. Any

resident, as defined by section 26-202.3, who is twelve (12)

years of age or older, upon payment of the sum of twenty

dollars ($20) shall be entitled to a sportsman's license

which shal.l permit the holder to exercise all rights granted

to holders of Class A,. A-1, A-3, A-5 and A-6 licenses. The

commission shall fum ish each holder of a sportsman's

license an appropriate decal.

(17) Class D-1 License--Nonresident Mountain Lion

License. Any {:erson not a resident as defined in section

26-202.3, but who is twelve {12) years of age or older, upon

payment of the sum of twenty-five dollars ($25) to any agent

of the fish and game commission authorized to issue fishin9

and huntin9 licenses shall be entitled to a Class D-1

license, which shall entitle the holder thereof to pursue,

hunt, shoot, kill and possess mo~mtain lion as authorized by

the rules and regulations of the co~~mission.

(18) Class D-2 License--Resident M:luntain Lion

-10- SB 279

Page 18: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

96

7

SB 0279/01

License. Any person who is a resident as defined in section

26-202.3, and who is twelve (12) years of age or older, upon

payment of the sum of five dollars ($5) to any agent of the

fish and game commission authorized to issue fishing and

hunting lioenses shall be entitled to a Class D-2 license,

.which llhall entitle the holder thereof to pursue, hunt,

shoot, kill and possess mountain lion as authorized by the

8 rules and regulations of the collllllission. •

9 section 2. section 26-230., R.C.M. 1947, is amended to

10 read as follows:

11 •26-230. Application--bunting, fishing or trapping

12 license tags to be affixed or recorded on wildlife

13 conservation license--fees--expiration. A wildlife

14. oonaervation license shall be sold upon written application

15 in such form and containing his name, aqe, occupation, place

16 of msidence, post-office address, length of time in the

17 state of Montana, whether a citizen of the United States or

18 an alien and present a driver's license or other

19 identification to substantiate such information and shall be

20 subscribed by the applicant. Hunting, fishing or trapping

21 licenses in the form of tags or stamps issued to a holder of

22 a wildlife conservation license must be affixed to or

23 recorded on the wildlife conservation license according to

24 such regulations as the oo11111ission may prescribe. ileei:4eMe.,

25 ae-eef~--.,-~t-Ol~~i! ... a..-~ch-e-a-tl'eSuetl't"a

-11- SB 279

·~

1

2

3

4

5

6

SB 0279/01

i~eeaae ~~--~ee-e§-~~~t.e-eeft~·-~~ ... ~-Sfta-eii-~ePe

e-ft--t«-•~-it-•e-~w-e-!iee-ei-i!!lle-eeii--~~ir~

Resident and nonresident wildlife conservation licenses may

be purchased for a fee of one dollar ($1). Licenses issued

shall be void after the thirtieth (30th) day of April next

succeeding their issuance. •

-End-

-12- SB 279

Page 19: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

44th Legislature SB 0279/01

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SENATE BILL NO. 279

INTRODUCED BY ROBERTS

A BILL FOR Ai'< ACT ENTITLED: "AN ACT TO AMEND SECTIOi<S

26-202.1 AND 26-230, R.C.M. 1947, TO PROVIDE FOR A FEE

INCREASE Il'~ THE RESIDENT CONSERVATION LICENSE; DELETE THE

PIONEER AND COMBINATION PIONEE~CONSERVATION LICENSE; AND

PROVIDE VETERANS RESIDING AT HOSPITALS OPERATED BY VETERANS

ADMINISTRATION FREE FISHING PRIVILEGES."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 26-202.1, R.C.M. 1947, is amended

to read as follows:

"26-202.1. Licenses--fees--classifications of

licenses--fees and powers under licenses. (1) Class A

license--Resident Fishing License. Any resident as defined

by section 26-202.3, upon payment of a fee of five dollars

($5) snall receive a Class A license which shall entitle the

nolder thereof to fish with hook and line or rod as

authorized by regulations of the commission.

(2) Class A-1 license--Resident Game Bird License.

Except as herein provided, any resident as defined by

section 26-202.3, who is twelve (12) years of age or older,

may, upon payment of a fee of two dollars ($2) receive a

Class A-1 license, which will entitle the holder to pursue,

K E F E R E N C E B I l l

1

2

3

4

5

6

7

8

99

10

11

12

13

14

15

16

17

lB

19

20

21

22

23

24

25

SB 0279/01

hunt, sooot and kill gmne birds and possess the dead bodies

of game birds which are so authorized by regulations of the

COIIUUission.

(a) No hunting licenses shall be issued to any

resident person under the age of eighteen (18) years unless

he presents to the person authorized to issue such license a

certificate of competency as provided by this section.

The department of fish and game shall provide for a

course of instruction in the safe handling of firearms and

for the purpose may cooperate with any reputable association

or organization having as one of its objectives the

promotion of safety in the handling of firearms. The

department may designate any person found by it to be

competent to give instructions in the handling of firearms.

A person so appointed shall give such course of instruction

and upon the successful completion thereof shall issue to

the person instructed a certificate of competency in the

safe handling of firearms.

(3) Class A-2 License--Special Bow and Arrow License.

Any holder of a Class A-1 license and any one of the

following: a Class A-3, A-4, A-5, B-2, B-5 or B-6 license,

may upon payment of an additional sum of three dollars ($3)

to any agent of the fish and game commission authorized to

issue fishing and ilunting licenses be entitled to a Class

A-2 license, which shall auti1orize the holder thereof to

-2- SB 279

Page 20: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

pursue, llunt, shoot, and kill deer, antelope and elk with

bow and arrow and to possess the carcass of deer, antelope

and elk during a special season, as so licensed and in

special areas, as may be designated by the fish and game

commission.

(4) Class A-3, A-4, A-5, A-6 Licenses. Any resident as

defined by section 26-202.3 who is twelve (12) years of age

or older, may u~on payment of the pro~er fee or fees be

entitled to purchase one each of the following licenses:

Class A-3, Deer A Tag, ti1ree dollars ($3); Class A-4, Deer 3

Tag, five dollars ($5); Class A-5 Elk Tag three dollars

($3); Class A-6, Black or Brown Bear Tag, five dollars ($5);

which will entitle the nolder to pursue, hunt, shoot, and

kill ti1e game animal or animals authorized by the license

held and to possess the dead bodies of game animals of the

state which are so authorized by the regulation of the

corrunission.

(5) Class B License--Nonresident Fishing License. Any

person not a resident as defined in section 26-202.3, upon

payment of the sum of twenty dollars ($20) to any agent of

the fis.1 and game commission authorized to issue fishing and

hunting licenses, shall be entitled to a Class B license,

which shall entitle the holder tl1ereof to fish with hook and

line as authorized by the rules and regulations of the

comrnis s ion.

-3- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

(6) Class B-1 License--Nonresident Game Bird License.

Except as herein provided, any person not a resident as

defined in section 26-202.3, but who is twelve (12) years of

age or older, u?Qn payment of the sum of twenty-five dollars

( $25) to any agent of the fish and game commission

authorized to issue fishing and hunting licenses shall be

entitled to a Class J-1 license, which shall entitle the

holder thereof to pursue, hunt, shoot, kill and possess game

birds as authorized by the rules and regulations of the

corrunission.

No hunting licenses shall be issued to any nonresident

person under the age of eighteen (18) years unless he

presents to the person authorized to issue such license a

certificate o~ competency as provided in section 26-202.1

(2) (a) or a certificate verifying that he has successfully

completed a course in the safe handling of firearms in any

state or province.

(7) Class B-2 License--Nonresident Big Game License.

Any person not a resident as defined in section 26-202.3,

but who is twelve (12) years of age or older, U?On the

payment of the sum of one hundred twenty-five dollars ($125)

for the license year from May 1, 1967 to April 30, 1969 and

thereafter for subsequent license years upon payment of the

sum of one hundred fifty dollars ($150) to any agent of the

fish and game commission authorized to issue fishing and

-4- SB 279

Page 21: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

b

7

8

9

10

11

12

13

14

15

lb

17

18

19

20

21

22

23

24

25

SB 0279/01

hunting licenses, shall be entitled to a Class 8-2 license

which shall authorize the holder to pursue, hunt, shoot, and

kill game animals in the area or areas designated in the

license, as determined by the commission, and to possess the

carcasses of same, and to pursue, hunt, shoot, kill and

possess game birds, and to fish with hook and line as may

hereinafter be authorized ty the rules and

the commission.

(8) Class B-3 License--Temporary

regulations of

Nonresident or

Tourist Fishing License. Any person not a resident as

defined in section 26-202.3, upon payment of the sum of ten

dollars ($10) to any agent of the fish and game commission

authorized to issue fishing and hunting licenses, shall be

entitled to a temporary nonresident fishing license, which

shall authorize the holder to fish with hook and line as

authorized by the rules and regulations of the fish and game

commission for a period of six (6) days inclusive of the

dates indicated on the license.

(9) Class B-5 License--Nonresident Deer License. Any

person not a resident as defined in section 26-202.3, but

who is twelve (12) years of age or older, upon the payment

of the sum of thirty-five dollars ($35) shall be entitled to

a Class B-5 license which shall authorize the holder to

pursue, hunt, shoot, and kill one (1) deer in the area or

areas designated in the license, as determined ty the

-5- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

commission, and to possess the carcass of same.

(10) Class B-6 License--Nonresident Antelope License.

Any person not a resident as defined in section 26-202.3,

but who is twelve (12) years of age or older, upon the

payment of the sum of thirty-five dollars ($35) shall be

entitled to a Class B-6 license which shall authorize the

holder to pursue, hunt, shoot, and kill one {1) antelope in

the area designated in the license, as determined by the

commission, and to possess the carcass of same.

{11) Special licenses. Any applicant who is a resident

as defined by section 26-202.3, or any applicant who is the

holder of a Class B-2 nonresident big game license may apply

for a special license, which in the judgment of the fish and

game commission, is to be issued and shall pay the following

fees therefor:

Moose, resident twenty-five dollars {$25), nonresident

fifty dollars ($50};

Mountain Goat, resident fifteen dollars ( $15) ,

nonresident thirty dollars ($30);

Mountain Sheep, resident twenty-five dollars ($25),

nonresident fifty dollars ($50);

Antelope, resident three dollars ($3), nonresident ten

dollars ($10};

Grizzly Bear, resident five dollars ($5), nonresident

grizzly, black or brown bear, thirty-five dollars ($35).

-6- SB 279

Page 22: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

In the event a holder of a val~d special grizzly bear

license k~lls a grizzly bear, he must purchase a trophy

license for a fee of twenty-five dollars ($25) within ten

( 10) days after date of kill. such trophy license shall

authorize the holder to possess and transport said trophy.

In the event that tne number of valid applications for

spec~! l~censes exceeds the nmnber of special licenses

w~ch the f~h and game commission desires to issue in any

hunt~g district, then the number of special licenses issued

to the holders of Class B-2 nonresident big game licenses

shall not exceed ten per cent (10%) of the total issued.

(12) Class C License--Trapper's License. Any resident

as defined in section 26-202.3, upon making application and

paying the sum of ten dollars ( $10) to the fish and game

commission, shall be entitled to a trapper's license, which

snail authorize the holder thereof to trap fur-bearing

an~als, within the state of i>lontana at such times and in

such manner as may be lawful so to do under the laws of the

state and the regulations of the fish and ~rune commission,

and at such places as may oe designated in said license.

(13) Class C-1 License--Landowner's Trapping License.

Any owner or tenant, or member of the ~ediate family of

sa~d owner or tenant, upon making application to the fish

and game comnission, and upon l'ayment of the sum of one

dollar {$1) shall be entitled to a landowner's trapping

-7- SB 279

1

2

3

4

5

6

7

8

9

10

11

12

l3

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

license w~ch shall entitle the holder tl1ereof to trap any

fur-bearing an~al, except beaver, on land owned or leased

by h~, or his immediate family, at such times and in such

manner as may be lawful so to do under the laws of the state

and the regulat~ons of the f~h and game commission and at

such places as may be designated in said licenses.

(14) Exception. (a) A resident under the definition of

section 26-202.3, who is sixty-two (62) years or older shall

be ent~tled to fish and hunt game b~rds with a ~etteero

~eeft~ conservation license ~ssued by the state fish and

game commiss~on for a fee of ~~~eeft-een~-i~%5t one dollar

($1). The form of such license shall be prescr~ed by the

f~h and game commission.

(b) Any ·veteran who is a patient residing at a

hospital operated by the veterans adrn1 nistration, within or

outside the state, and ~-id"e1'1~'!!1 residents of all

inst~tutions under the jur~d~ction of the state board of

~nstitutions, except the Montana state prison at Deer Lodge,

will be entitled to fish without a license. Such residents

sl~ll carry a permit on a form prescr~ed oy the commission

and signed by the superintendent of the inst~tution in lieu

of a license.

iet--A--~eraft-wfte-~s-a-ps~~~-~e~e~ft~-a~-a-fte'!!l~~a~

~a~e-~-~~e-Ye~er~'!!l··eftm~ft±'!!l~e~±eft7-w~~h~--&r-~'!!1~

~~'!!l~~~-may-£~'!!1h-wi~h-e-~~eeft~-~'!!l'!!l~ed-~~~e-fteae-ef-~fte

-8- SB 279

Page 23: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

lB

19

20

2l

22

23

24

25

SB 0279/01

h~~~a~---eft---~erm~---prese~~eed---aftd--~~ft~~~--by--~fte

ee~~~eft~-~e-~ee-~er-~~eh-~~eeft~e-~hs±i-~-~~~~eeft--eeft~s

~~~~~~

~e~ 1£1 If a person is convicted of a violation of the

fish and game laws or regulations of ~bntana, the privilege

conferred by this subsection shall be revoked for not less

than six (6) months.

~et J2l Residents, as defined. by section 26-202.3,

under the age of fifteen (15) years may purchase Class ~-1,

A-3, A-4, and A-5 licenses for one-half (1/2) of the fees

prescribed in this section.

~~~ 1=1 The commission, by rule or regulation, may

prescribe the number of Class B-5 and B-6 licenses to be

issued in each of the hunting districts designated by it.

~~~ l!l Special antelope licenses. In the event the

number of valid applications for special antelope licenses

for a hunting district exceeds the quota set by the

commission for the district, such licenses shall be awarded

by a drawing. Persons making valid application who did not

receive an antelope license during the season immediately

preceding the drawing shall be given first preference in

such drawing for first, second

districts. The coJI"lTlission shall

and third choice hunting

have the authority to

promulgate such rules and regulations as are necessary to

implement this subsection.

-9- SB 279

l

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

SB 0279/01

(15) Only one (1) license of any one (1) class, except

Class B-3 and B-4 licenses, s~all be issued to any one (l}

person, provided, however, that tlie commission may prescribe

rules and regulations for tae issuance or sale of a

replacement license of the same class in the event the

original license is lost, stolen or destroyed upon ~ayment

of the sum of one dollar ($1).

(16) Class AAA License--Sportsman's License. Any

resident, as defined by section 26-202.3, who is twelve (12)

years of age or older, upon payment of the sum of twenty

dollars ($20) shall be entitled to a sportsman's license

which shall permit the holder to exercise all rights granted

to holders of Class A, A-1, A-3, A-5 and A-6 licenses. The

commission shall furnish each holder of a sportsman's

license an appropriate decal.

(17) Class D-1 License--Nonresident Mountain Lion

License. Any person not a resident as defined in section

26-202.3, but who is twelve (12) years of age or older, upon

payment of the sum of twenty-five dollars ($25) to any agent

of the fish and game commission authorized to issue fishing

and hunting licenses shall be entitled to a Class D-1

license, which shall entitle the holder thereof to pursue,

hunt, shoot, kill and possess mountain lion as authorized by

the rules and regulations of the commission.

(18) Class D-2 License--Resident

-10-

1-buntain Lion

SB 279

Page 24: SB 0279/01 hunt, shoot and kill game birds and possess the ... · hunt, shoot and kill game birds and possess the dead bodies of game birds which are so authorized by regulations

1

2

3

4

5

6

7

SB 0279/01

License. Any person who is a resident as defined in section

26-202.3, and who is twelve (12) years of age or older, upon

payment of the sum of five dollars ($5) to any agent of the

fish and game commission authorized to issue fishing and

hunting licenses shall be entitled to a Class D-2 license,

waich shall entitle the holder thereof to ,;mrsue, hunt,

shoot, kill and possess mountain lion as authorized by the

8 rules and regulations of the corrrnission."

9 section 2. Section 26-230, R.C.M. 1947, is amended to

10 read as follows:

•26-230. Application--hunting, fishing or trapping 11

12

13

license tags to be affixed or recorded on wildlife

conservation license--fees--expiration. A wildlife

14 conservation license shall be sold upon written application

15 in such fon" and containing i>is name, age, occupation, place

16 of residence, post-office address, length of time in the

17 state of Montana, whether a citizen of the United States or

18 an alien and present a driver's license or other

19 identification to substantiate such information and shall be

20 subscribed by the applicant. Hunting, fishing or trapping

21 licenses in the form of tags or stamps issued to a holder of

22 a wildlife conservation license must be affixed to or

23 recorded on the wildlife conservation license according to

24 such regulations as the commission may prescribe. R~-:i:deftoe~

25 es-ee£-:i:fted-ey-~ee-t.2eft-~-~iT~7-mey--~rehe~e--a--res~deftoe~~

-11- SB 279

1

2

3

4

5

6

SB 0279/01

~eeft~er-a-ree-e£--t.weft~~¥e-~iiTi§t-aftd-a~~-~fter~

e--~8eftoe~~--i2eea~e--fer--e--fee--e£--efte-deiiar-ii~tT

Resident and nonresident wildlife conservation licenses may

be purchased for a fee of one dollar ($1). Licenses issued

shall be void after the thirtieth (30th) day of April next

succeeding their issuance."

-End-

-12- SB 279