Summary: These Montana statutes state that state policy is to manage grizzly bears to avoid conflicts with humans and livestock, and control distribution by trapping and lethal measures. The commission may regulate the hunting of grizzlies and establish requirements for their transportation, exportation, and importation.
87-5-301 . Grizzly bear --findings --policy
87-5-302 . Commission regulations on grizzly bear
87-5-303 . Repealed by Laws 1985, ch. 568, § 5
87-5-301. Grizzly bear --findings --policy
(1) The legislature finds that:
(a) grizzly bears are a recovered population and thrive under responsive cooperative management;
(b) grizzly bear conservation is best served under state management and the local, state, tribal, and federal partnerships that fostered recovery; and
(c) successful conflict management is key to maintaining public support for conservation of the grizzly bear.
(2) It is the policy of the state to:
(a) manage the grizzly bear as a species in need of management to avoid conflicts with humans and livestock; and
(b) subject to the provisions of subsection (3), use proactive management to control grizzly bear distribution and prevent conflicts, including trapping and lethal measures.
(3)(a) Except as provided in subsection (3)(b), the department may not relocate a grizzly bear listed under the federal Endangered Species Act, 16 U.S.C. 1531, et seq., except to a release site previously approved by the commission for relocation of grizzly bears.
(b) The department may respond to a grizzly bear listed under the federal Endangered Species Act, 16 U.S.C. 1531, et seq., that is causing conflict outside of a federal recovery zone. If the bear is to be relocated, the department may not relocate the bear.
Credits
Enacted by Laws 1969, ch. 134, § 1; Revised Code of Montana 1947, 26-307.2. Amended by Laws 2011, ch. 416, § 1, eff. May 14, 2011; amended by Laws 2011, ch. 292, § 3, eff. March 1, 2012; amended by Laws 2021, ch. 338, § 1, eff. March 1, 2022.
87-5-302. Commission regulations on grizzly bear
(1) The commission may:
(a) pursuant to subsection (2), regulate the hunting of grizzly bears, including the establishment of tagging requirements for carcasses, skulls, and hides; and
(b) establish requirements for the transportation, exportation, and importation of grizzly bears.
(2) When special grizzly bear licenses are to be issued pursuant to 87-2-701, the commission shall establish hunting season quotas for grizzly bears that will prevent the population of grizzly bears from decreasing below sustainable levels and with the intent to meet population objectives for elk, deer, and antelope. The provisions of this subsection do not affect the restriction provided in 87-2-702(3) that limits a person to the taking of only one grizzly bear in Montana.
CREDIT(S)
Enacted by Laws 1969, ch. 134, § 2; Revised Code of Montana 1947, 26-307.3. Amended by Laws 2011, ch. 292, § 4, eff. March 1, 2012.
87-5-303. Repealed by Laws 1985, ch. 568, § 5