Mont. Code Ann. § 87-2-101

(2019)

Definitions

As used in Title 87, chapter 3, and this chapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Angling" or "fishing" means to take or harvest fish or the act of a person possessing any instrument, article, or substance for the purpose of taking or harvesting fish in any location that a fish might inhabit.

(2) (a) "Bait" means any animal matter, vegetable matter, or natural or artificial scent placed in an area inhabited by wildlife for the purpose of attracting game animals or game birds.

(b) The term does not include:

(i) decoys, silhouettes, or other replicas of wildlife body forms;

(ii) scents used only to mask human odor; or

(iii) types of scents that are approved by the commission for attracting game animals or game birds.

(3) "Fur-bearing animals" means marten or sable, otter, muskrat, fisher, mink, bobcat, lynx, wolverine, northern swift fox, and beaver.

(4) "Game animals" means deer, elk, moose, antelope, caribou, mountain sheep, mountain goat, mountain lion, bear, and wild buffalo.

(5) "Game fish" means all species of the family Salmonidae (chars, trout, salmon, grayling, and whitefish); all species of the genus Sander (sandpike or sauger and walleyed pike or yellowpike perch); all species of the genus Esox (northern pike, pickerel, and muskellunge); all species of the genus Micropterus (bass); all species of the genus Polyodon (paddlefish); all species of the family Acipenseridae (sturgeon); all species of the genus Lota (burbot or ling); the species Perca flavescens (yellow perch); all species of the genus Pomoxis (crappie); and the species Ictalurus punctatus (channel catfish).

(6) "Hunt" means to pursue, shoot, wound, take, harvest, kill, chase, lure, possess, or capture or the act of a person possessing a weapon, as defined in 45-2-101, or using a dog or a bird of prey for the purpose of shooting, wounding, taking, harvesting, killing, possessing, or capturing wildlife protected by the laws of this state in any location that wildlife may inhabit, whether or not the wildlife is then or subsequently taken. The term includes an attempt to take or harvest by any means, including but not limited to pursuing, shooting, wounding, killing, chasing, luring, possessing, or capturing.

(7) "Migratory game birds" means waterfowl, including wild ducks, wild geese, brant, and swans; cranes, including little brown and sandhill; rails, including coots; Wilson's snipes or jacksnipes; and mourning doves.

(8) "Nongame wildlife" means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other animal not otherwise legally classified by statute or regulation of this state.

(9) "Open season" means the time during which game birds, game fish, game animals, and fur-bearing animals may be lawfully taken.

(10) "Person" means an individual, association, partnership, or corporation.

(11) "Predatory animals" means coyote, weasel, skunk, and civet cat.

(12) "Trap" means to take or harvest or participate in the taking or harvesting of any wildlife protected by the laws of the state by setting or placing any mechanical device, snare, deadfall, pit, or device intended to take wildlife or to remove wildlife from any of these devices.

(13) "Upland game birds" means sharp-tailed grouse, blue grouse, spruce (Franklin) grouse, prairie chicken, sage hen or sage grouse, ruffed grouse, ring-necked pheasant, Hungarian partridge, ptarmigan, wild turkey, and chukar partridge.

(14) "Wild buffalo" means buffalo or bison that have not been reduced to captivity.

Official Annotations archive.org, 2019 edition
History:
En. Sec. 1, Ch. 238, L. 1921
Re-en. Sec. 3681, R.C.M. 1921
Amd. Sec. 3, Ch. 77, L. 1923
Amd. Sec. 12, Ch. 192, L. 1925
Amd. Sec. 6, Ch. 59, L. 1927
Re-en. Sec. 3681, R.C.M. 1935
Amd. Sec. 1, Ch. 37, L. 1949
Amd. Sec. 1, Ch. 36, L. 1951
Amd. Sec. 1, Ch. 121, L. 1951
Amd. Sec. 1, Ch. 19, L. 1953
Amd. Sec. 1, Ch. 34, L. 1959
Amd. Sec. 1, Ch. 11, L. 1965
Amd. Sec. 1, Ch. 28, L. 1965
Amd. Sec. 1, Ch. 46, L. 1971
Amd. Sec. 1, Ch. 189, L. 1971
Amd. Sec. 1, Ch. 167, L. 1973
Amd. Sec. 1, Ch. 27, L. 1974
Amd. Sec. 1, Ch. 67, L. 1975
Amd. Sec. 1, Ch. 93, L. 1975
Amd. Sec. 1, Ch. 113, L. 1975
Amd. Sec. 1, Ch. 235, L. 1977
R.C.M. 1947, 26-201
Amd. Sec. 6, Ch. 44, L. 1979
Amd. Sec. 1, Ch. 46, L. 1979
Amd. Sec. 1, Ch. 478, L. 1979
Amd. Sec. 1, Ch. 420, L. 1983
Amd. Sec. 1, Ch. 568, L. 1985
Amd. Sec. 2, Ch. 28, L. 1991
Amd. Sec. 5, Ch. 417, L. 1995
Amd. Sec. 1, Ch. 84, L. 2003 (HB 187 - Gallus, Steven (D) HD 35)
Amd. Sec. 1, Ch. 499, L. 2003 (HB 100 - Jent, Larry (D) HD 29)
Amd. Sec. 43, Ch. 19, L. 2011 (SB 31 - Wanzenried, David (D) SD 49)
Amd. Sec. 91, Ch. 258, L. 2011 (SB 124 - Ripley, Rick (R) SD 9)
Amd. Sec. 2, Ch. 105, L. 2015