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Montana

West's Montana Code Annotated. Title 87. Fish and Wildlife. Chapter 4. Commercial Activities. Part 10. Fur Farms.

Statute Details
Printable Version
Citation: MT ST 87-4-1001 to 87-4-1014

Citation: MCA 87-4-1001 to 87-4-1014


Last Checked by Web Center Staff: 01/2013

Summary:   Under these Montana statutes, a person may not own, control, or propagate furbearers unless the person holds a current fur farm license. Each licensee must keep records of the number and species of furbearers purchased, transferred, or sold and the name of each purchaser.  A fur farm license may be revoked for failure to operate the fur farm according to the provisions.


Statute in Full:

87-4-1001. Definitions

87-4-1002. Fur farm license required-applicability

87-4-1003. Application for license

87-4-1004. License and renewal fee-deposit

87-4-1005. Term of license-conditions-changes in operation

87-4-1006. License nontransferable

87-4-1007. Inspection

87-4-1008. Furbearers as private property

87-4-1009. Transportation of furbearers

87-4-1010. Sale of furs

87-4-1011. Records and reporting

87-4-1012. Rulemaking

87-4-1013. Revocation of license

87-4-1014 Repealed by Laws 2011, ch. 258, § 120, eff. Oct. 1, 2011.

 

 

87-4-1001. Definitions

For purposes of this part, the following definitions apply:

(1) “Fur farm” means the enclosed land area upon which furbearers may be kept for purposes of obtaining, rearing in captivity, keeping, and selling furbearers or parts of furbearers as authorized under this part.

(2) “Furbearer” means a marten or sable, otter, muskrat, fisher, bobcat, lynx, wolverine, or beaver. The term does not include fox or mink.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 36.


87-4-1002. Fur farm license required--applicability

(1) Except as provided in subsection (2), a person may not own, control, or propagate furbearers unless the person holds a current fur farm license from the department.

(2) This part does not apply to the ownership, control, or propagation of furbearers if the ownership, control, or propagation is not for the sale or conveyance of furbearers or parts of furbearers.

(3) A person who violates this section is subject to the penalties provided in 87-6-717.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 37. Amended by Laws 2009, ch. 56, § 2864, eff. Oct. 1, 2009; amended by Laws 2011, ch. 258, § 116, eff. Oct. 1, 2011.

 

87-4-1003. Application for license

(1) A person desiring to obtain a fur farm license shall make a written application to the department. The application must specify:

(a) the name of the applicant;

(b) the applicant's address;

(c) the species of furbearers and any plan to propagate them;

(d) the legal description of the lands to be included;

(e) the type of fence that the applicant contemplates erecting;

(f) the source of furbearers.

(2)(a) A fur farm license may be issued only to a responsible applicant who owns or leases the premises on which the operations are to be conducted and who has properly fenced the place where the fur farm is to be located.

(b) Any fur farm owned by a nonresident must have a resident agent who is responsible for the daily operation of the fur farm and who is authorized by the nonresident owner to receive service of process.

(3) Within 30 days of receiving the application, the department shall notify the applicant of its decision to approve or deny the application. If required fencing has not been completed, the department shall approve the application subject to the fencing being completed. If the application is denied, the department shall specify the reasons for denial.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 38. Amended by Laws 2009, ch. 56, § 2865, eff. Oct. 1, 2009.

 

87-4-1004. License and renewal fee--deposit

(1) Fur farm license and annual renewal fees must be set by department rule.

(2) The fees must be deposited in the state special revenue fund for the use of the department for purposes of this part.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 39. Amended by Laws 1983, ch. 281, § 48.


87-4-1005. Term of license--conditions--changes in operation

(1) A fur farm license is valid only for the license year in which it is issued. The licensee shall apply for renewal annually, and the department shall renew the license if the licensee has not violated any provision under which it was granted.

(2) The licensee shall notify the department of any proposed changes in the species managed or in the size or location of the enclosure prior to the institution of such change.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 40.

 


87-4-1006. License nontransferable

A fur farm license is nontransferable.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 41.

 

87-4-1007. Inspection

Upon receipt of an application for a license, the department shall inspect each fur farm and thereafter shall inspect each fur farm and the records required to be kept by such fur farm on a scheduled basis or on such other reasonable basis as may be determined necessary.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 42.


87-4-1008. Furbearers as private property

All furbearers lawfully raised on a licensed fur farm are the private property of the licensee, and the licensee may sell or transfer such furbearers as private property.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 43.


87-4-1009. Transportation of furbearers

Any furbearers purchased for use on a fur farm or any furbearers raised on a fur farm may be transported only in compliance with Title 81, chapter 2, part 7, and applicable administrative rules.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 44.


87-4-1010. Sale of furs

A fur farm owner who desires to sell furs shall comply with all the requirements of part 3 of this chapter.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 45.


87-4-1011. Records and reporting

(1) Each licensee shall keep accurate records of the number and species of furbearers purchased, transferred, or sold and the name of each person to whom or from whom such furbearers were purchased, transferred, or sold.

(2) On or before January 31 of each year, each licensee shall file a report with the director, showing the number and species of furbearers on hand on January 1 and the number and species of furbearers purchased, transferred, or sold during the past year. All records described in this section must be kept for not less than 3 years.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 46.


87-4-1012. Rulemaking

The department may adopt and enforce only such rules as are necessary to implement this part. The rules may address but are not limited to fencing requirements, reporting requirements, the care and maintenance of the furbearers held by fur farm operators, and licensing requirements for applicants.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 47.


87-4-1013. Revocation of license

(1) A fur farm license may be revoked for failure to operate the fur farm according to the provisions of this part or rules adopted under this part.

(2) Upon discovery of a violation, the department shall give notice of such violation to the licensee, with a statement of a specific time by which the violation must be corrected.

(3) Upon failure of the licensee to correct the violation, the department may institute revocation proceedings. If the department institutes revocation proceedings, it shall provide reasonable notice and opportunity for a hearing to the licensee. After hearing, upon proof of violation, the department may revoke the fur farm license.

CREDIT(S)

Enacted by Laws 1983, ch. 570, § 48.


87-4-1014 Repealed by Laws 2011, ch. 258, § 120, eff. Oct. 1, 2011.


 



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