87-5-701 . Purpose
87-5-702 . Definitions
87-5-703 . Applicability to other provisions for importation or introduction of wildlife
87-5-704 . Rulemaking
87-5-705 . Regulation of exotic wildlife
87-5-706 . Noncontrolled exotic wildlife authorized for possession or sale
87-5-707 . Controlled exotic wildlife list
87-5-708 . Classification review committee-composition, appointment, and duties
87-5-709 . Exceptions and exemptions to possession and sale of exotic wildlife
87-5-710 . Reserved
87-5-711 . Control of importation for introduction and transplantation or introduction of wildlife
87-5-712 . Authority for commission to control importation, possession, or sale of certain wildlife species and exotic wildlife
87-5-713 . Control of wildlife species permitted to be transplanted or introduced
87-5-714 . Wildlife species authorized for introduction or transplantation
87-5-715 . Extermination or control of transplanted or introduced wildlife or feral species posing threat
87-5-716 . Consultation with departments of agriculture, public health and human services, and livestock
87-5-717 . Reserved
87-5-720 . Reserved
87-5-721 . Penalty-license and permit revocation and denial
87-5-722 . Reserved
87-5-723 . Reserved
87-5-724 . Reserved
87-5-725 . Notification of transplantation or introduction of wildlife
The legislature finds that in order to protect Montana's native wildlife and plant species, livestock, horticultural, forestry, and agricultural production, and human health and safety, it is necessary to regulate the importation for introduction and the transplantation or introduction of wildlife in the state and to regulate the importation, transplantation, possession, and sale of exotic wildlife. Serious threats, known and unknown, from the introduction of wildlife and exotic wildlife into Montana necessitate the regulation of the importation for introduction and the transplantation or introduction of wildlife and regulation of the importation, transplantation, possession, and sale of exotic wildlife unless it can be shown that no harm will result from the importation, transplantation, possession, sale, or introduction. Any importation, transplantation, possession, sale, or introduction permitted must be conducted in a manner to ensure that wildlife or exotic wildlife can be controlled if harm arises from unforeseen effects.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 2. Amended by Laws 2003, ch. 536, § 6.
For purposes of this part, the following definitions apply:
(1) “Controlled exotic wildlife” means species placed on the controlled exotic wildlife list under 87-5-707 that may be imported, possessed, or sold only pursuant to commission and department rules and an authorization permit provided for in 87-5-705(2).
(2) “Domestic animal” means an animal that, through long association with humans, has been bred to a degree that has resulted in genetic changes affecting color, temperament, conformation, or other attributes of the species to an extent that makes the animal unique and distinguishable from wild individuals of the species and that is readily controllable if accidentally released into the wild. The term includes livestock, as defined in 81-2-702, dogs, cats, rodents, Eurasian ferrets, and poultry.
(3) “Exotic wildlife” means a wildlife species that is not native to Montana.
(4) “Feral” means the appearance of an animal and any offspring that have escaped captivity and become wild.
(5) “Importation” means the act of receiving, bringing or having brought, or shipping into the state for a person's temporary or permanent residence or domicile any wildlife from a location outside the state.
(6) “Introduction” means the release from captivity or attempt to release from captivity, intentional or otherwise, wildlife from outside the state into the wild within the state.
(7) “Native wildlife” means a species or subspecies of wildlife that historically occurred in Montana and that has not been introduced by humans or has not migrated into Montana as a result of human activity.
(8) “Noncontrolled exotic wildlife” means animal species traditionally sold or kept as pets and includes animals listed in 87-5-706 or animals that are added to the list in 87-5-706 by commission rule.
(9) “Possession” means to own or have control over an animal for personal use or resale.
(10) “Prohibited exotic wildlife” means animal species placed on the list provided in 87-5-704(3)(a) that may not be imported, possessed, or sold.
(11) “Transplantation” means the release of or attempt to release, intentional or otherwise, wildlife from one place within the state into another part of the state.
(12)
(a) “Wildlife” means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or the egg, sperm, embryo, or offspring of the wild animal.
(b) The term does not include domestic animals.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 3. Amended by Laws 2003, ch. 536, § 7.
87-5-703. Applicability to other provisions for importation or introduction of wildlife
Sections 87-5-701 through 87-5-704, 87-5-711, 87-5-713 through 87-5-716, and 87-5-721 do not apply to the provisions on importation or introduction of wildlife contained in the following laws:
(1) Title 80;
(2) 87-3-208 and 87-6-219(1)(a);
(3) 87-3-221 through 87-3-224 or 87-3-210, 87-3-225 through 87-3-227, and 87-6-219(1)(b);
(4) 87-4-422;
(5) 87-5-112;
(6) 87-5-205;
(7) 87-5-302; or
(8) Title 81, chapter 2.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 11. Amended by Laws 1989, ch. 376, § 13; amended by Laws 2005, ch. 281, § 1; amended by Laws 2011, ch. 258, § 118, eff. Oct. 1, 2011.
(1) The commission may adopt rules to implement 87-5-701, 87-5-702, and 87-5-711 through 87-5-715. In implementing 87-5-713, the commission may adopt rules approving species of wildlife that may be introduced by the department. In implementing 87-5-715, the commission may adopt rules to authorize the control or extermination by the department of introduced wildlife species.
(2) The department may adopt rules to implement 87-5-713 and 87-5-715. In implementing 87-5-713 and 87-5-715, the department may not adopt rules in the subject areas reserved to the commission in subsection (1).
(3)(a) The commission may adopt rules to implement 87-5-705 through 87-5-709 and 87-5-712 regarding the importation, possession, and sale of exotic wildlife, including adoption of a list of controlled exotic wildlife and a list of prohibited exotic wildlife. The commission may by rule add to the list of noncontrolled exotic wildlife provided in 87-5-706. The department of livestock may not issue import permits for exotic wildlife on a list of controlled exotic wildlife or prohibited exotic wildlife without authorization from the department.
(b) The commission may adopt rules regarding the operation of the classification review committee established in 87-5-708.
(4) The department may adopt rules regarding issuance of the authorization permit provided for in 87-5-705(2), including the establishment of a reasonable fee for the permit.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 10. Amended by Laws 2003, ch. 536, § 8; amended by Laws 2005, ch. 281, § 2; amended by Laws 2007, ch. 44, § 72.
87-5-705. Regulation of exotic wildlife
(1) A person may not import into the state, possess, or sell any exotic wildlife unless:
(a) the importation, possession, or sale of the exotic wildlife is allowed by law or commission rule; and
(b) the person has obtained authorization for importation from the department of livestock pursuant to Title 81, chapter 2, part 7.
(2) The department may issue a permit for authorizing the possession or sale of controlled exotic wildlife and make the permit available to persons who wish to import, possess, or sell controlled exotic wildlife, subject to rules of the commission and the department. The department may charge a reasonable fee, as determined by department rule, for the issuance of the authorization permit.
CREDIT(S)
Enacted by Laws 2003, ch. 536, § 1.
87-5-706. Noncontrolled exotic wildlife authorized for possession or sale
(1) The following noncontrolled exotic wildlife may not be released or transplanted in the state but may be possessed or sold as pets in Montana without a permit:
(a) tropical and subtropical birds in the order Passeriformes, including but not limited to birds in the families:
(i) Sturnidae (mynahs);
(ii) Ramphastidae (toucans, toucanettes);
(iii) Fringillidae (siskins);
(iv) Estrildidae (finches);
(v) Emberizidae (cardinals);
(vi) Ploceidae (weavers);
(vii) Timaliidae (mesias);
(viii) Viduinae (wydahs);
(ix) Thraupidae (tanagers);
(x) Zosteropidae (zosterops);
(xi) Psittacidae (parrots);
(xii) Loriidae (lories); and
(xiii) Cacatuidae (cockatoos);
(b) nonnative species in the subfamily Phaisianae, except:
(i) chukar partridge (Alectoris chukar);
(ii) gray (Hungarian) partridge (Perdix perdix);
(iii) ring-necked pheasant (Phasianus colchicus); and
(iv) turkey (Meleagris gallopavo);
(c) all tropical fish, subtropical fish, marine fish, common goldfish (Carassius auratus), and koi (Cyprinus carpio) for use in residential and office aquariums;
(d) unless otherwise regulated pursuant to 87-5-116, all nonnative tropical and subtropical species of nonvenomous snakes not on the controlled or prohibited lists in the families:
(i) Boidae (boas);
(ii) Bolyeriidae (Round Island Boas);
(iii) Tropidophiidae (dwarf boas);
(iv) Pythonidae (pythons);
(v) Colubridae (modern snakes);
(vi) Acrochordidae (file and elephant trunk snakes);
(vii) Xenopeltidae (sunbeam snakes);
(viii) Aniliidae (pipe snakes);
(ix) Uropeltidae (shield-tailed snakes);
(x) Anomalepididae (blind snakes);
(xi) Leptotyphlopidae (blind snakes); and
(xii) Typhlopidae (blind snakes);
(e) unless otherwise regulated pursuant to 87-5-116, all nonnative tropical and subtropical species of nonvenomous lizards not on the controlled or prohibited lists, including but not limited to the following families or subfamilies:
(i) Agamidae (chisel-teeth lizards);
(ii) Amphisbaenidae (worm lizards);
(iii) Anelytropsidae (limbless lizards);
(iv) Anguidae (glass and alligator lizards);
(v) Anniellidae (legless lizards);
(vi) Chamaeleonidae (chameleons);
(vii) Cordylidae (girdle-tailed lizards);
(viii) Corytophanidae (casquehead lizards);
(ix) Crotaphytidae (collared and leopard lizards);
(x) Dibamidae (blind lizards);
(xi) Eublepharidae (eyelid geckos);
(xii) Feyliniidae (African snake skinks);
(xiii) Gekkonidae (geckos);
(xiv) Helodermatidae (beaded lizards and gila monsters);
(xv) Iguanidae (iguanas);
(xvi) Lacertidae (wall lizards);
(xvii) Lanthanotidae (earless monitor);
(xviii) Phrynosomatidae (earless, spiny, and horned lizards);
(xix) Polychrotidae (anoles);
(xx) Pygopodidae (snake lizards);
(xxi) Scincidae (skinks);
(xxii) Teiidae (whiptail);
(xxiii) Tropiduridae (neotropical ground lizards);
(xxiv) Varanidae (monitor lizard);
(xxv) Xantusiidae (night lizards); and
(xxvi) Xenosauridae (knob-scaled lizards);
(f) unless otherwise regulated pursuant to 87-5-116, all nonnative tropical and subtropical species of turtles with a carapace or shell length of more than 4 inches and not on the controlled or prohibited lists in the families:
(i) Carettochelyidae (New Guinea softshell turtles);
(ii) Chelidae (snake-necked turtles);
(iii) Chelydridae (snapping turtles);
(iv) Dermatemydidae (Central American river turtle);
(v) Emydidae (pond turtles);
(vi) Kinosternidae (mud turtles and musk turtles);
(vii) Pelomedusidae (hidden-necked turtles);
(viii) Platysternidae (big-headed turtle);
(ix) Testudinidae (tortoises); and
(x) Trionychidae (soft-shelled turtles);
(g) unless otherwise regulated pursuant to 87-5-116, all nonnative tropical and subtropical species of frogs and toads not on the controlled or prohibited lists in the families:
(i) Atelopodidae (harlequin frogs);
(ii) Bufonidae (true toads);
(iii) Centrolenidae (glass frogs);
(iv) Dendrobatidae (poison dart frogs);
(v) Hylidae (tree frogs);
(vi) Leptodactylidae (rain frogs);
(vii) Microhylidae (narrow-mouthed toads);
(viii) Pelobatidae (spadefoot toads);
(ix) Pelodytidae (old world spadefoot toads);
(x) Ranidae (true frogs, except bullfrogs, Rana catesbeiana);
(xi) Rhacophoridae (old world tree frogs); and
(xii) Rhinophrynidae (Mexican burrowing frog);
(h) unless otherwise regulated pursuant to 87-5-116, all nonnative tropical and subtropical species of limbless amphibians not on the controlled or prohibited lists in the families:
(i) Caeciliidae (caecilians);
(ii) Ichthyophiidae (fish caecilians);
(iii) Rhinatrematidae (beaked caecilians);
(iv) Scolecomorphidae (tropical caecilians); and
(v) Uraeotyphlidae (Indian caecilians); and
(i) unless otherwise regulated pursuant to 87-5-116, all nonnative tropical and subtropical species of salamanders not on the controlled or prohibited lists in the families:
(i) Ambystomatidae (mole salamanders);
(ii) Amphiumidae (amphiumas);
(iii) Cryptobranchidae (hellbenders);
(iv) Dicamptodontidae (giant salamanders);
(v) Hynobiidae (Asian salamanders);
(vi) Plethodontidae (woodland salamanders);
(vii) Proteidae (waterdogs);
(viii) Salamandridae (newts, except for rough-skinned newt, Taricha granulosa); and
(ix) Sirenidae (sirens).
(2) The commission may by rule authorize the possession or sale of other species of noncontrolled exotic wildlife that are not listed in subsection (1) if it is determined that the other species present minimal disease, ecological, environmental, safety, or health risks.
CREDIT(S)
Enacted by Laws 2003, ch. 536, § 2.
87-5-707. Controlled exotic wildlife list
As provided in 87-5-704(3)(a), the commission, after a public hearing and recommendation from the classification review committee established in 87-5-708, may by rule adopt a list of controlled exotic wildlife that may be imported, possessed, or sold only pursuant to commission and department rules and department authorization.
CREDIT(S)
Enacted by Laws 2003, ch. 536, § 3.
ADMINISTRATIVE CODE REFERENCES
Application for a permit to possess a controlled species, see MT ADC 12.6.2211.
Controlled species permits, see MT ADC 12.6.2210.
Determining exotic wildlife classification, see MT ADC 12.6.2225.
Exotic wildlife: definitions, see MT ADC 12.6.2201.
Exotic wildlife: list of noncontrolled species, see MT ADC 12.6.2205.
Exotic wildlife permit appeal process, see MT ADC 12.6.2230.
List of controlled species, see MT ADC 12.6.2208.
List of prohibited species, see MT ADC 12.6.2215.
Prohibited species permits, see MT ADC 12.6.2220.
Requirements for care and housing of exotic wildlife held in captivity, see MT ADC 12.6.2203.
87-5-708. Classification review committee--composition, appointment, and duties
(1) The director shall appoint a classification review committee whose duty is to advise the commission regarding the importation, possession, and sale of exotic wildlife, including recommendations on animals to be placed on the noncontrolled, controlled, or prohibited exotic wildlife list.
(2) The classification review committee is composed of at least one representative from:
(a) the department;
(b) the department of public health and human services;
(c) the department of livestock;
(d) the department of agriculture;
(e) a business that breeds or exhibits exotic wildlife; and
(f) the general public who has an interest in fish or wildlife.
(3) Members of the classification review committee are not entitled to compensation or travel expenses as provided in 2-15-122.
Credits
Enacted by Laws 2003, ch. 536, § 4.
87-5-709. Exceptions and exemptions to possession and sale of exotic wildlife
(1) Sections 87-5-705 through 87-5-708 and this section do not apply to:
(a) institutions that have established that their proposed facilities are adequate to provide secure confinement of wildlife, including:
(i) an accredited zoological garden or wildlife sanctuary chartered by the state as a nonprofit corporation;
(ii) a roadside menagerie permitted under 87-4-803 that was established for the purpose of exhibition or attracting trade;
(iii) a research facility for testing and science that employs individuals licensed under 37-34-301 or that submits evidence to the department that it meets animal testing standards as provided by the national institutes of health, the national science foundation, the centers for disease control and prevention, the United States department of agriculture, or another similar nationally recognized and approved testing standard; or
(b) domestic animals.
(2) Authorization for possession must be provided by the department for exotic wildlife possessed as of January 1, 2004, and the authorization may include any conditions and restrictions necessary to minimize risks.
Credits
Enacted by Laws 2003, ch. 536, § 5. Amended by Laws 2005, ch. 281, § 3; amended by Laws 2021, ch. 211, § 6, eff. Oct. 1, 2021.
87-5-711. Control of importation for introduction and transplantation or introduction of wildlife
(1) Except as otherwise provided, the importation for introduction or the transplantation or introduction of any wildlife is prohibited unless the commission determines, based upon scientific investigation and after public hearing, that a species of wildlife poses no threat of harm to native wildlife and plants or to agricultural production and that the transplantation or introduction of a species has significant public benefits.
(2) With regard to the transplantation or introduction of a fish species not previously legally transplanted to a specific water body within the state or not previously legally introduced to the state, the requirement for scientific investigation in subsection (1) may be satisfied only by completion of an environmental review conforming to the provisions of Title 75, chapter 1, part 2.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 4. Amended by Laws 1991, ch. 501, § 1.
87-5-712. Authority for commission to control importation, possession, or sale of certain wildlife species and exotic wildlife
(1) The commission may, after public hearing and recommendation by the classification review committee in 87-5-708, list by administrative rule wildlife species or exotic wildlife that may not be imported, possessed, or sold as pets for captive breeding for research or commercial purposes, for the commercial pet trade, or for any other reason. A wildlife species or exotic wildlife may be placed on the list only after the commission finds that:
(a) the exotic wildlife would not be readily subject to control by humans while in captivity;
(b) if released from captivity, the exotic wildlife would pose a substantial threat to native wildlife and plants or agricultural production; or
(c) the exotic wildlife would pose a risk to human health or safety, livestock, or native wildlife through disease transmission, hybridization, or ecological or environmental damage.
(2) The commission may make exceptions for wildlife species or exotic wildlife otherwise prohibited under this section if the wildlife species or exotic wildlife is controlled in an institution listed in 87-5-709(1)(a) and under any conditions specified by the commission.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 7. Amended by Laws 2003, ch. 536, § 9; amended by Laws 2005, ch. 281, § 4.
87-5-713. Control of wildlife species permitted to be transplanted or introduced
Any wildlife species listed in 87-5-714 or approved by the commission for introduction or transplantation may be introduced or transplanted only subject to a plan developed by the department to assure that the population can be controlled if any unforeseen harm should occur.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 5.
87-5-714. Wildlife species authorized for introduction or transplantation
(1) The following wildlife species may be introduced or transplanted by the department based upon scientific investigation and upon approval of the commission:
(a) gray (Hungarian) partridge (Perdix perdix);
(b) chukar partridge (Alectoris chukar);
(c) ring-necked pheasant (Phasianus colchicus);
(d) turkey (Meleagris gallopavo);
(e) rainbow trout (Salmo gairdneri);
(f) golden trout (Salmo aquabonita);
(g) brown trout (Salmo trutta);
(h) brook trout (Salvelinus fontinalis);
(i) lake trout (Salvelinus namaycush);
(j) northern pike (Esox lucius);
(k) black bullhead (Ictalurus melas);
(l) yellow bullhead (Ictalurus natalis);
(m) largemouth bass (Micropterus salmoides);
(n) smallmouth bass (Micropterus dolomieui);
(o) pumpkinseed sunfish (Lepomis gibbosus);
(p) bluegill (Lepomis macrochirus);
(q) green sunfish (Lepomis cyanellus);
(r) rock bass (Ambloplites rupestris);
(s) black crappie (Pomoxis nigromaculatus);
(t) white crappie (Pomoxis annularis);
(u) yellow perch (Perca flavescens);
(v) walleye (Sander vitreus);
(w) cisco (tulibee) (Coregonus artedii);
(x) spottail shiner (Notropis hudsonius);
(y) kokanee salmon (Oncorhynchus nerka);
(z) chinook salmon (Oncorhynchus tshawytscha);
(aa) lake whitefish (Coregonus clupeaformis);
(bb) golden shiner (Notemigonus crysoleucas).
(2) The commission may by rule and subject to the provisions of 87-5-711 authorize the department to transplant or introduce species of wildlife not listed in subsection (1).
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 9. Amended by Laws 2011, ch. 19, § 45, eff. Oct. 1, 2011.
87-5-715. Extermination or control of transplanted or introduced wildlife or feral species posing threat
Any wildlife or feral species transplanted or introduced in the state may be exterminated or controlled by the department if the commission determines that the species poses harm to native wildlife or plants or to agricultural production.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 6. Amended by Laws 1989, ch. 376, § 12.
87-5-716. Consultation with departments of agriculture, public health and human services, and livestock
The commission and the department shall consult with the departments of agriculture, public health and human services, and livestock in all matters relating to the control of wildlife species and exotic wildlife that may have a harmful effect on agricultural production or livestock operations in the state or that may pose a risk to human health or safety.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 8. Amended by Laws 2003, ch. 536, § 10.
87-5-717 to 87-5-720. Reserved
87-5-721. Penalty--license and permit revocation and denial
(1) Except as provided in subsection (2), a person convicted of a violation of this part shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the department, upon conviction of the person, shall revoke any license or permit issued by it under this title to the person and deny any application by the person for a license or permit under this title for a period not to exceed 2 years from the date of the conviction.
(2) A person who intentionally imports, introduces, or transplants fish in violation of this part:
(a) is guilty of an offense punishable by a fine of not less than $2,000 or more than $10,000 and imprisonment for up to 1 year. A sentencing court may consider an appropriate amount of community service in lieu of imprisonment. A sentencing court may not defer or suspend $2,000 of the fine amount.
(b) is civilly liable for the amount necessary to eliminate or mitigate the effects of the violation. The damages may be recovered on behalf of the public by the department or by the county attorney of the county in which the violation occurred, in a civil action in a court of competent jurisdiction. Money recovered by the department or a county attorney must be deposited in the state special revenue fund as provided in 87-1-601(1).
(c) upon conviction or forfeiture of bond or bail, shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for not less than 5 years or more than 10 years from the date of conviction or forfeiture. If the time necessary to eliminate or mitigate the effects of the violation exceeds the imposed forfeiture period, a person may be required to forfeit the privilege to hunt, fish, or trap in this state for an additional period of time. If the effects of the violation cannot be eliminated or mitigated, a person may be required to forfeit the privilege to hunt, fish, or trap in this state for life.
(3) Any exotic wildlife held in violation of this part must be shipped out of state, returned to the point of origin, or destroyed within a time set by the department, not to exceed 6 months. The person in possession of the exotic wildlife may choose the method of disposition. If the person in possession of the exotic wildlife does not comply with this requirement, the department may confiscate and then house, transport, or destroy the unlawfully held exotic wildlife. The department may charge any person convicted of a violation of this part for the costs associated with the handling, housing, transporting, or destroying of the exotic wildlife.
CREDIT(S)
Enacted by Laws 1985, ch. 624, § 12. Amended by Laws 1991, ch. 501, § 2; amended by Laws 1993, ch. 223, § 2; amended by Laws 1997, ch. 344, § 1; amended by Laws 2005, ch. 281, § 5; amended by Laws 2009, ch. 429, § 17, eff. July 1, 2009; amended by Laws 2011, ch. 139, § 1, eff. Oct. 1, 2011; amended by Laws 2011, ch. 258, § 119, eff. Oct. 1, 2011.
87-5-722 to 87-5-724. Reserved
87-5-725. Notification of transplantation or introduction of wildlife
(1) When the decision to introduce or transplant a wolf, bear, or mountain lion is made pursuant to this part, the department shall:
(a) provide public notice on its website and, when practical, by personal contact in the general area where the animal is released; and
(b) notify the public through print and broadcast media of the availability of release information on the department's website.
(2) Prior permission from the landowner is required before any animal may be transplanted onto private property.
CREDIT(S)
Enacted by Laws 2009, ch. 119, § 1, eff. April 1, 2009.