(See also Administrative Rules of Montana. Title 12. Department of Fish, Wildlife and Parks. Chapter 6. Enforcement Division. Sub-chapter 22. Exotic Wildlife)
Title 87. Fish and Wildlife. Chapter 4. Commercial Activities. Part 8. Menageries and Zoos
87-4-801 . Definitions
87-4-802 . Department regulations
87-4-803 . Permits
87-4-804 . Permit to obtain wild animals
87-4-805 . Repealed by Laws 1999, ch. 322, § 8
87-4-806 . Inspection, permit revocation, and redemption of wildlife
87-4-807 . Enforcement and penalty
87-4-808 . Fines, bonds, penalties, and fees
As used in this part unless the context requires otherwise, the following definitions apply:
(1) “Roadside menagerie” means any place where one or more wild animals, including birds, reptiles, and the like, are kept in captivity for the evident purpose of exhibition, attracting trade, or other commercial purposes on or off the facility premises. It does not include the exhibition of any animal by an educational institution or by a traveling theatrical exhibition or circus based outside of Montana.
(2) “Wild animal” means an animal that is wild by nature as distinguished from the common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles.
(3) “Wild animal menagerie” means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition.
(4) “Wildlife sanctuary” means a facility organized as a Montana nonprofit corporation pursuant to Title 35, chapter 2, or in good standing with and accredited by the American sanctuary association or the global federation of animal sanctuaries for the purpose of providing homes for nonreleasable wild animals. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization.
(5) “Zoo” means any zoological garden chartered as a nonprofit corporation by the state or in good standing with and accredited by the association of zoos and aquariums or the zoological association of America for the purpose of exhibiting wild animals for public viewing. Accreditation and good standing must be proven with a copy of an accreditation report completed as required by the accrediting organization.
Credits
Enacted by Laws 1969, ch. 130, § 1. Amended by Laws 1973, ch. 511, § 45; Revised Code of Montana 1947, 26-1205; amended by Laws 1999, ch. 322, § 2; amended by Laws 2021, ch. 211, § 1, eff. Oct. 1, 2021.
87-4-802. Department regulations
The department shall adopt and enforce reasonable regulations for the housing, care, treatment, feeding, and sanitation of animals kept in roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos, for the protection of the public from injury by those animals, and for the licensing of roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos.
Credits
Enacted by Laws 1969, ch. 130, § 2. Amended by Laws 1977, ch. 417, § 13; Revised Code of Montana 1947, 26-1206(2); amended by Laws 1999, ch. 322, § 3; amended by Laws 2021, ch. 211, § 2, eff. Oct. 1, 2021.
(1) The department may grant permits for roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos. Application for a permit must be made to the director on a form prescribed by the director. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25. Permits expire on December 31 but may be renewed upon payment of the annual fee and submission of a renewal application. This section does not apply to the United States, the state of Montana, or any county or city. A person who subscribes to any false statement in application for a permit is subject to the provisions of 87-6-715 and may be denied a permit.
(2)(a) A permit application for a roadside menagerie must include:
(i) the applicant's name and address;
(ii) the exact location of the facility;
(iii) a list of species and the number of animals to be held in the facility;
(iv) the type of facility contemplated, including cage specifications;
(v) a copy of all required federal permits for exhibition of wild animals; and
(vi) a copy of a liability insurance policy to cover bodily injury or property damage.
(b) A permit application for a wild animal menagerie must include:
(i) the applicant's name and address;
(ii) the exact location of the facility, together with the nature of the applicant's title to the land, whether in fee, under lease, by contract for deed, or otherwise;
(iii) a list of species and the number of animals to be held in the facility;
(iv) the type of facility contemplated, including cage specifications; and
(v) information demonstrating that the applicant is responsible.
(c) A permit application for a wildlife sanctuary or a zoo must include:
(i) the applicant's name and address;
(ii) the exact location of the facility;
(iii) a copy of the nonprofit corporation documents approved by the secretary of state's office;
(iv) a copy of the required federal permits for exhibition of wild animals; and
(v) if applicable, a copy of the association of zoos and aquariums, the zoological association of America, the American sanctuary association, or the global federation of animal sanctuaries accreditation program specific to the facility.
(3) Renewal applications for roadside menageries and wild animal menageries must include an accounting of all wild animals on the facility.
(4) A permit may not be granted by the department until it has satisfactorily verified that the provisions for housing and caring for the animals and for protecting the public are proper and adequate and in accordance with the standards established by the department.
(5) A permit is not transferable to another person.
Credits
Enacted by Laws 1969, ch. 130, §§ 2, 3. Amended by Laws 1977, ch. 417, § 13; Revised Code of Montana 1947, 26-1206(1), 26-1207; amended by Laws 1999, ch. 322, § 4; amended by Laws 2011, ch. 258, § 112, eff. Oct. 1, 2011; amended by Laws 2021, ch. 211, § 3, eff. Oct. 1, 2021.
87-4-804. Permit to obtain wild animals
(1) It is unlawful to obtain healthy wild animals for a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo by capture from the wild or by purchase except that the capture and holding of injured wildlife or wildlife deemed nonreleasable by the department and the United States fish and wildlife service due to injury, human conflict, or seizure is permissible in accordance with the terms of a permit issued pursuant to this section.
(2) Application for a capture permit may be made only by a wildlife sanctuary or a zoo and must be made to the director on a form prescribed by the director. After investigation by the department, the director may issue a capture permit without charge if the director finds:
(a) that all provisions of this part and of the department regulations are complied with by the applicant; and
(b) that the number and species of wildlife desired is not excessive under the circumstances.
(3) If wild animals are to be obtained by capture for use in a wildlife sanctuary or a zoo, the permit must designate the number and the means of capture, but ownership of the wild animals captured must remain in the state of Montana.
(4) Roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos may obtain captive-bred wild animals from a licensed zoo, menagerie, alternative livestock ranch, fur farm, game bird farm, wildlife sanctuary, or animal rehabilitation center.
(5) Wild animals may be bought, sold, or transferred under regulations that the department prescribes.
(6) The number of wild animals in a wild animal menagerie may not exceed 10.
Credits
Enacted by Laws 1969, ch. 130, § 4. Amended by Laws 1977, ch. 417, § 13; Revised Code of Montana 1947, 26-1208; amended by Laws 1999, ch. 322, § 5. (5) and (6) Enacted by Laws 1999, ch. 322, § 7; amended by Laws 2021, ch. 211, § 4, eff. Oct. 1, 2021.
87-4-805. Repealed by Laws 1999, ch. 322, § 8
87-4-806. Inspection, permit revocation, and redemption of wildlife
A roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo and all equipment used in connection with a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo must be open to inspection at all reasonable hours. If upon inspection it is found that the roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo is not being operated in accordance with this part or with the department regulations, the director may revoke the permit without right of renewal. If a permit is revoked, the department shall take possession of all wildlife obtained by capture or unlawful propagation.
Credits
Enacted by Laws 1969, ch. 130, § 6. Amended by Laws 1977, ch. 417, § 13; Revised Code of Montana 1947, 26-1210; amended by Laws 1999, ch. 322, § 6; amended by Laws 2021, ch. 211, § 5, eff. Oct. 1, 2021.
87-4-807. Enforcement and penalty
(1) The provisions of this part must be enforced by any warden or any other legally authorized officer. Any person violating the provisions of this part shall upon conviction be punished as provided in 87-6-715, and at the discretion of the court, the permit and all rights and privileges inherent in the permit may be forfeited.
(2) Any animals being kept in violation of any section of this part may be confiscated or ordered disposed of at the discretion of the director. The permittee may appeal to the commission within 20 days of the date of the order to confiscate, and the commission shall hold a hearing on an appeal. The decision of the commission is final.
Credits
Enacted by Laws 1969, ch. 130, § 7. Amended by Laws 1977, ch. 465, § 5; Revised Code of Montana 1947, 26-1211; amended by Laws 2011, ch. 258, § 113, eff. Oct. 1, 2011
87-4-808. Fines, bonds, penalties, and fees
Fines, bonds, or penalties, except those obtained by a justice's court, shall be administered and disposed of in accordance with the provisions of 87-1- 601. Fees obtained under this part must be deposited with the department of revenue and credited to the state special revenue fund, fish and game account.
Enacted by Laws 1969, ch. 130, § 8; amended by Laws 1973, ch. 511, § 46; Revised Code of Montana 1947, 26-1212; amended by Laws 1983, ch. 277, § 1; amended by Laws 1987, ch. 557, § 63; amended by Laws 2001, ch. 257, § 46.