87-4-401 . Repealed by Laws 1983, ch. 570, § 51 - 87-4-405. Repealed by Laws 1983, ch. 570, § 51
87-4-406 . Definitions
87-4-407 . License required-moratorium-penalty-seizure of illegally possessed animals
87-4-408 . Jurisdiction
87-4-409 . Repealed by Nov. 7, 2000, I.M. No. 143, § 9
87-4-410 . Repealed by Nov. 7, 2000, I.M. No. 143, § 9
87-4-411 . License renewal fees-deposit of fees
87-4-412 . Term of license-renewal-transfer prohibited
87-4-413 . Inspection
87-4-414 . Alternative livestock as private property-source-marking-fee shooting prohibited
87-4-415 . Transportation, sale, and disposal of alternative livestock-quarantine
87-4-416 . Sale of carcass and meat-regenerative parts excluded
87-4-417 . Records and reporting-rules
87-4-418 . Unlawful capture
87-4-419 . Escape from alternative livestock ranch-effect
87-4-420 . Taxation
87-4-421 . Repealed by Laws 1993, ch. 315, § 16
87-4-422 . Rulemaking
87-4-423 . Revocation of license-procedure-disposition of animals
87-4-424 . Classification-restrictions on importation of certain species
87-4-425 . Reserved
87-4-426 . Repealed by Nov. 7, 2000, I.M. No. 143, § 9
87-4-427 . Revocation of license-criteria-penalties
87-4-428 . Right to administrative hearing
87-4-429 . Reserved
87-4-430 . Reserved
87-4-431 . Repealed by Nov. 7, 2000, I.M. No. 143, § 9
87-4-432 . 87-4-432. Repealed by Laws 2013, ch. 26, § 1, eff. Feb. 18, 2013
87-4-433 . Programmatic environmental review
As used in this part, the following definitions apply:
(1) “Alternative livestock” means a privately owned caribou, white-tailed deer, mule deer, elk, moose, antelope, mountain sheep, or mountain goat indigenous to the state of Montana, a privately owned reindeer, or any other cloven-hoofed ungulate as classified by the department. Black bear and mountain lion must be regulated pursuant to Title 87, chapter 4, part 8.
(2) “Alternative livestock ranch” means the enclosed land area upon which alternative livestock may be kept for purposes of obtaining, rearing in captivity, keeping, or selling alternative livestock or parts of alternative livestock, as authorized under this part.
(3) “Cloven-hoofed ungulate” means an animal of the order Artiodactyla, except a member of the families suidae, camelidae, or hippopotamidae. The term does not include domestic pigs, domestic cows, domestic yaks, domestic sheep, domestic goats that are not naturally occurring in the wild in their country of origin, or bison.
(4) “Department” means the department of fish, wildlife, and parks.
(5) “Facilities” means perimeter fences and other enclosures that provide for the confinement, handling, and quarantine of alternative livestock.
(6) “Game animals” means game animals, as defined in 87-2-101, that are not the lawful property of any private person.
(7) “Person” means an individual, firm, corporation, association, or partnership.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 1. Amended by Laws 1985, ch. 540, § 3; amended by Laws 1993, ch. 315, § 1; amended by Laws 1995, ch. 503, § 2; amended by Laws 1999, ch. 322, § 1; amended by Laws 1999, ch. 574, § 7.
87-4-407. License required--moratorium--penalty--seizure of illegally possessed animals
(1) A person may not operate an alternative livestock ranch in this state without having first obtained an alternative livestock ranch license from the department prior to November 7, 2000. A person may not apply for or be granted a license after that date.
(2) A person who operates an alternative livestock ranch without a license or possesses, transports, buys, or sells animals whose importation into the state is restricted pursuant to 87-4-424 is subject to the penalties provided in 87-6-705.
(3) Any animal held in violation of subsection (2) or otherwise illegally possessed may be immediately seized by the department and is subject to disposal by the department. Costs of seizure may be charged to the person in possession of the animal.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 2. Amended by Laws 1993, ch. 315, § 2; amended by Laws 1999, ch. 574, § 8; amended by Sp. Sess. Laws May 2000 (Laws 2000, 1st Sp. Sess.), ch. 1, § 1; amended approved Nov. 7, 2000, Initiative Measure No. 143 (2000, B.M. No. 143), § 1; amended by Laws 2011, ch. 258, § 108, eff. Oct. 1, 2011.
(1) The department has primary jurisdiction over alternative livestock ranches with regard to licensing, reports, recordkeeping, exterior fencing, classification of certain species under 87-4-424, unlawful capture under 87-4-418, inspection under 87-4-413, and enforcement of the functions listed in this subsection.
(2) The department of livestock has primary jurisdiction over alternative livestock ranches with regard to marking, inspection, transportation, importation, quarantine, hold orders, interior facilities, health, and enforcement of the functions listed in this subsection.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 3. Amended by Laws 1991, ch. 531, § 1; amended by Laws 1995, ch. 503, § 3; amended by Laws 1999, ch. 574, § 9; amended approved Nov. 7, 2000, Initiative Measure No. 143 (2000, B.M. No. 143), § 2.
87-4-409. Repealed by Nov. 7, 2000, I.M. No. 143, § 9
87-4-410. Repealed by Nov. 7, 2000, I.M. No. 143, § 9
87-4-411. License renewal fees--deposit of fees
(1) The department shall charge an annual renewal alternative livestock ranch license fee based on the following scale:
(a) an alternative livestock ranch with 1 to 20 alternative livestock, a fee of $100;
(b) an alternative livestock ranch with 21 to 60 alternative livestock, a fee of $200; and
(c) an alternative livestock ranch with more than 60 alternative livestock, a fee of $400.
(2) The department of livestock shall assess a fee, not to exceed $50, for each alternative livestock imported into the state.
(3)(a) One-half of the fees collected pursuant to subsection (1) must be deposited in the state special revenue fund for the use of the department for purposes of this part.
(b) One-half of the fees collected pursuant to subsection (1) and all import fees collected pursuant to subsection (2) must be deposited in the state special revenue fund for the use of the department of livestock for purposes of this part.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 6. Amended by Laws 1983, ch. 281, § 48; amended by Laws 1993, ch. 315, § 5; amended by Laws 1995, ch. 503, § 5; amended by Laws 1999, ch. 574, § 12; amended by Sp. Sess. Laws May 2000 (Laws 2000, 1st Sp. Sess.), ch. 1, § 2; amended approved Nov. 7, 2000, Initiative Measure No. 143 (2000, B.M. No. 143), § 3.
87-4-412. Term of license--renewal--transfer prohibited
(1) An alternative livestock ranch license expires on March 1 of the year succeeding the year of issuance. Application for renewal must be made before a license expires. The department shall renew the license upon payment of the renewal fee if the licensee has complied with all recording and reporting requirements.
(2) An alternative livestock ranch license for a specific facility is not transferable.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 7. Amended by Laws 1993, ch. 315, § 6; amended by Laws 1999, ch. 574, § 13; amended approved Nov. 7, 2000, Initiative Measure No. 143 (2000, B.M. No. 143), § 4.
The department may inspect the alternative livestock ranch or the licensee's alternative livestock ranch records on a scheduled basis or on another reasonable basis as may be determined necessary.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 8. Amended by Laws 1999, ch. 574, § 14; amended approved Nov. 7, 2000, Initiative Measure No. 143 (2000, B.M. No. 143), § 5.
87-4-414. Alternative livestock as private property--source--marking--fee shooting prohibited
(1) All alternative livestock lawfully possessed on a licensed alternative livestock ranch are private property for which the licensee is responsible as provided by law.
(2) The licensee may acquire, breed, grow, keep, pursue, handle, harvest, use, sell, or dispose of the alternative livestock and their progeny in any quantity and at any time of year as long as the licensee complies with the requirements of this part, except that the licensee may not allow the shooting of game animals or alternative livestock, as defined in 87-2-101 or 87-4-406, or of any exotic big game species for a fee or other remuneration on an alternative livestock facility.
(3) A licensee shall mark alternative livestock in a manner approved by the department of livestock, as required under subsection (4), and that indicates ownership and provides individual identification of animals for inspection, transportation, reporting, and taxation purposes.
(4) The department of livestock is responsible for the control, tracking, and distribution of identification tags used for the marking of alternative livestock. The department of livestock shall require that all imported alternative livestock are marked within 30 days of importation and that all other alternative livestock are marked prior to January 1 of each year. Each alternative livestock must be marked with identification that:
(a) is unique to the animal;
(b) is nontransferable;
(c) has an emblem owned and registered by the department of livestock that is embossed on each identification tag; and
(d) allows for the identification of alternative livestock from a distance.
(5) Upon the request of a licensee, the department of livestock may grant a temporary waiver as to the time for identification and to the manner of identification if necessary to address a special circumstance.
(6) Alternative livestock must be lawfully acquired by the licensee. Alternative livestock may be kept only on a licensed alternative livestock ranch. A licensee who keeps alternative livestock owned by, leased to, or leased from another person shall comply with all of the requirements of this part as if the animal belonged to the licensee. Records and reports submitted by the licensee pursuant to 87-4-417 must identify any alternative livestock kept by the licensee during the reporting period and the name and address of the owner or lessee.
(7) Except as otherwise provided in this part, laws applicable to game animals do not apply to alternative livestock raised on a licensed alternative livestock ranch.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 9. Amended by Laws 1991, ch. 531, § 2; amended by Laws 1993, ch. 315, § 7; amended by Laws 1995, ch. 503, § 6; amended by Laws 1999, ch. 574, § 15; amended approved Nov. 7, 2000, Initiative Measure No. 143 (2000, B.M. No. 143), § 6.
87-4-415. Transportation, sale, and disposal of alternative livestock--quarantine
(1) Prior to selling, transferring, transporting, or disposing of one or more alternative livestock, the alternative livestock ranch licensee shall request an inspection of the alternative livestock, which inspection must be completed by a department of livestock designated agent. All dead alternative livestock must be reported to the department of livestock within 1 working day of the discovery of the death.
(2)(a) Inspection under subsection (1) must be conducted pursuant to 81-3-203(1) through (3) and must include the number, species, age, sex, and individual identification numbers of alternative livestock transported or disposed of.
(b) A copy of the certificate of inspection must be provided by the department of livestock to the department within 10 days of inspection.
(3) The department of livestock may quarantine or issue a hold order on any alternative livestock pending inspection and health certification. The department shall notify the department of livestock regarding the importation or transportation of any alternative livestock that the department reasonably believes may be infected with a disease specific to wildlife.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 10. Amended by Laws 1991, ch. 531, § 3; amended by Laws 1993, ch. 315, § 8; amended by Laws 1995, ch. 503, § 7; amended by Laws 1999, ch. 574, § 16.
87-4-416. Sale of carcass and meat--regenerative parts excluded
(1) An alternative livestock ranch licensee may sell or otherwise dispose of the carcass of properly identified alternative livestock taken from an alternative livestock ranch in accordance with the provisions of 87-4-415. A copy of the certificate of inspection must be attached to the carcass or container. Upon the attaching of the certificate of inspection, the carcass of the alternative livestock may be transported within the state to the transferee named on the certificate of inspection.
(2) The licensee may sell alternative livestock for meat upon compliance with all applicable health laws.
(3) The sale of regenerative parts that may be harvested is specifically excluded from the requirements of this section.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 11. Amended by Laws 1993, ch. 315, § 9; amended by Laws 1999, ch. 574, § 17.
87-4-417. Records and reporting--rules
(1) Each alternative livestock ranch licensee shall keep and maintain for 3 years accurate written records of all alternative livestock purchases, transfers, sales, births, and deaths, on forms provided by the department, showing:
(a) the number of each species of alternative livestock purchased by the alternative livestock ranch licensee and from whom purchased;
(b) the number of each species of alternative livestock transferred or sold, the date of transfer or sale, and the name and address of the person to whom the transfer or sale was made; and
(c) individual identification of each alternative livestock that was purchased, transferred, sold, or born or that died. However, a calf or fawn that dies prior to being marked pursuant to 87-4-414(4) need not be identified.
(2) Unless a different reporting frequency has been established pursuant to subsection (3), within 2 weeks after January 1 and July 1 of each year, the alternative livestock ranch licensee shall file a report with the department, showing the number and species of alternative livestock that were on hand as of January 1 and July 1 and the number and species of alternative livestock that escaped, that were bought, sold, transferred, recaptured, or born, or that died during the reporting period.
(3) The department may establish by rule the conditions under which the frequency of reporting requirements may be reduced to one report a year or increased to three reports a year. The department may establish by rule the conditions under which a licensee may submit an abbreviated report. In adopting those rules, the department shall consider the number of animals present on an alternative livestock ranch, the number of reported transactions during previous reporting periods, a history of accurate recordkeeping, and a historical absence of violations.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 12. Amended by Laws 1991, ch. 531, § 4; amended by Laws 1993, ch. 315, § 10; amended by Laws 1995, ch. 503, § 8; amended by Laws 1999, ch. 574, § 18.
A person may not capture, take, or otherwise acquire any game animal in this state for use on an alternative livestock ranch.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 13. Amended by Laws 1999, ch. 574, § 19.
87-4-419. Escape from alternative livestock ranch--effect
(1) If an alternative livestock animal escapes from an alternative livestock ranch, the alternative livestock licensee shall immediately notify the department of its escape and shall make every reasonable effort to recapture it. If the escaped animal cannot be recaptured within a reasonable time, the department may kill the animal. If recapture or killing of the animal is unsuccessful within a reasonable time, the animal becomes the property of the state.
(2) The department shall by rule adopt a definition of “reasonable time”, as used in this section, taking into consideration specific seasonal issues related to breeding and disease.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 14. Amended by Laws 1995, ch. 503, § 9; amended by Laws 1999, ch. 574, § 20.
All alternative livestock raised on an alternative livestock ranch may be assessed as personal property of the owner similar to other livestock.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 15. Amended by Laws 1999, ch. 574, § 21.
87-4-421. Repealed by Laws 1993, ch. 315, § 16
(1) The department may adopt and enforce rules that are necessary to implement the provisions of this part over which the department has primary jurisdiction and to coordinate regulation of alternative livestock ranches with the department of livestock.
(2) The department of livestock may adopt and enforce rules that are necessary to implement the provisions of this part over which the department of livestock has primary jurisdiction and to coordinate regulation of alternative livestock ranches with the department of fish, wildlife, and parks.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 17. Amended by Laws 1993, ch. 315, § 11; amended by Laws 1995, ch. 503, § 10; amended by Laws 1999, ch. 574, § 22.
87-4-423. Revocation of license--procedure--disposition of animals
(1) Proceedings for the revocation of a license or the discipline of a licensee must be based on a determination by the department, after an investigation, that there is good cause and a sufficient factual basis to believe that the licensee or the principal manager is responsible for one or more of the acts or omissions set out in 87-4-427(1).
(2) The department may initiate revocation or disciplinary proceedings against a licensee by specifying the grounds in writing to the licensee and providing an opportunity for a hearing as provided in 87-4-428.
(3) Upon discovery of a violation of recordkeeping or reporting requirements that is not a material violation or an attempt to deceive, the department shall give notice of the violation to the licensee, with a statement that the violation must be corrected within 30 days of the notice, unless a longer period is approved by the department. Upon failure of the licensee to correct the violation, the department may institute revocation proceedings.
(4)(a) A licensee whose license is revoked shall lawfully dispose of any alternative livestock held pursuant to the license. Lawfully acquired and held alternative livestock may be disposed of by the licensee within 180 days of the license revocation or within a longer period if specified by the department in the revocation order. After the expiration of this period, the department shall seize and dispose of any alternative livestock that have not been lawfully disposed of by the licensee. Any proceeds that remain after deducting the department's expenses revert to the licensee. Any unrecovered costs may be charged to the licensee.
(b) The department, when it is determined to be necessary by the state veterinarian appointed pursuant to 81-1-301, may require that diseased or potentially diseased alternative livestock be quarantined or destroyed.
CREDIT(S)
Enacted by Laws 1983, ch. 570, § 18. Amended by Laws 1991, ch. 531, § 5; amended by Laws 1993, ch. 315, § 13; amended by Laws 1999, ch. 574, § 23.
87-4-424. Classification--restrictions on importation of certain species
(1) In order to properly regulate importation:
(a) the department shall classify cloven-hoofed ungulates that have been determined through scientific investigation to pose a threat to native wildlife or livestock through nonspecific genetic dilution or habitat degradation or competition caused by feral populations of escaped alternative livestock and shall notify the department of livestock of any changes in classification as they occur; and
(b) the department of livestock shall classify cloven-hoofed ungulates that have been determined through scientific investigation to pose a threat to native wildlife or livestock through parasites or disease.
(2) The department of livestock shall restrict from importation for purposes of alternative livestock ranching any species or subspecies and their hybrids with native species that have been classified in accordance with subsection (1) as posing a threat to native wildlife or livestock. Importation permitted by the department of livestock must comply with the requirements of Title 81, chapter 2, part 7. Copies of import permits issued by the department of livestock must be shared with the department within 10 calendar days. Other pertinent documentation relating to importation must be shared as it becomes available.
CREDIT(S)
Enacted by Laws 1991, ch. 531, § 7. Amended by Laws 1993, ch. 315, § 14; amended by Laws 1995, ch. 503, § 11; amended by Laws 1999, ch. 574, § 24.
87-4-426. Repealed by Nov. 7, 2000, I.M. No. 143, § 9
87-4-427. Revocation of license--criteria--penalties
(1) The department may revoke any alternative livestock ranch license or impose any of the penalties or conditions specified in subsection (3) if the licensee or the principal manager has committed or is responsible for any of the following acts or omissions:
(a) failure to operate an alternative livestock ranch according to the provisions of this part, rules adopted under this part, or stipulations of the alternative livestock ranch license;
(b) making a materially false statement in the license application;
(c) having pleaded guilty to or been convicted of a felony, including a case in which the sentence is suspended or imposition of the sentence is deferred, unless civil rights have been restored pursuant to law;
(d) two convictions or bond forfeitures of $100 or more for violations of the fish and game laws or applicable regulations of any state or the United States within the preceding 5 years;
(e) negligent or willful misconduct of the alternative livestock ranch operation, including but not limited to the unauthorized egress and ingress of game animal species or alternative livestock that:
(i) threatens public safety;
(ii) endangers native game animal populations or habitat through the establishment of feral populations, genetic pollution, or competition for forage or habitat; or
(iii) increases the risk of transmission of disease to native wildlife and the alternative livestock of others;
(f) a material and willful falsification of any required alternative livestock ranch records or reports;
(g) the purposeful capture of wild animals within the perimeter fence of an alternative livestock ranch;
(h) repeated failure to maintain or repair required fences or facilities; or
(i) any other willful conduct or omission that creates a substantial threat to other alternative livestock and operators or to native wildlife or habitat.
(2) If misconduct under subsection (1)(e) is negligent, the licensee must be given notice and 30 days to correct the misconduct and any adverse impacts of the misconduct. Negligent misconduct may be grounds for license revocation only if the misconduct is not corrected after the initial notice or if the misconduct is repeated.
(3) If the department finds, after opportunity for a hearing required under 87-4-428, that an alternative livestock ranch licensee or the principal manager is responsible for any act or omission set out in subsection (1), the department may in its discretion impose any one or more of the following penalties upon the licensee:
(a) revocation of the alternative livestock ranch license for up to 5 years;
(b) imposition of a civil penalty not to exceed $5,000, restoration of any damage to native wildlife, or both;
(c) deferral of the revocation of a license subject to the completion of or adherence to specified conditions; or
(d) reprimand of a licensee.
(4) In addition to the revocation of a license or other penalties allowed by this section, a person who purposely or knowingly violates this part or a rule adopted pursuant to this part is subject to the penalties provided in 87-6-705.
CREDIT(S)
Enacted by Laws 1993, ch. 315, § 12. Amended by Laws 1999, ch. 574, § 26; amended by Laws 2011, ch. 258, § 109, eff. Oct. 1, 2011.
HISTORICAL AND STATUTORY NOTES
Laws 2011, ch. 258, §§ 131, 132, provide:
“Section 131. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
“Section 132. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.”
87-4-428. Right to administrative hearing
(1) A licensee must be given notice and an opportunity for a hearing before the department may refuse to renew a license, revoke a license, or discipline a licensee.
(2) The notice and an opportunity for a hearing and any judicial appeal must be conducted as provided in Title 2, chapter 4, parts 6 and 7.
CREDIT(S)
Enacted by Laws 1993, ch. 315, § 15. Amended by Laws 1999, ch. 574, § 27; amended approved Nov. 7, 2000, Initiative Measure No. 143 (2000, B.M. No. 143), § 7.
87-4-431. Repealed by Nov. 7, 2000, I.M. No. 143, § 9
87-4-432. Alternative livestock advisory council--appointment of members--duties - 87-4-432. Repealed by Laws 2013, ch. 26, § 1, eff. Feb. 18, 2013
Former Text:
(1) There is an alternative livestock advisory council to advise the department on the administration of alternative livestock ranches in this state.
(2) The alternative livestock advisory council is composed of five members, appointed by the governor as follows:
(a) one member of the board of livestock or the department of livestock;
(b) one member of the fish, wildlife, and parks commission or the department;
(c) one member who is a representative of the alternative livestock industry;
(d) one member who is a veterinarian licensed to practice veterinary medicine in this state; and
(e) one member who is a representative of the sportspersons of Montana.
(3) Members of the alternative livestock advisory council shall serve staggered 2-year terms. A member may serve one additional consecutive 2-year term.
(4) The alternative livestock advisory council is attached to the department and the department of livestock in an advisory capacity only, as defined in 2-15-102. The department and the department of livestock shall provide staff support and assistance necessary for the council to perform its functions.
CREDIT(S)
Enacted by Laws 1995, ch. 503, § 13. Amended by Laws 1999, ch. 574, § 28.
87-4-433. Programmatic environmental review
(1) The department, in cooperation with the department of livestock, shall, by July 1, 2001, conduct a programmatic review of environmental impacts that may be associated with the granting of a license to operate an alternative livestock ranch.
(2) In consultation with the department of livestock, the department shall select a contractor to prepare the programmatic environmental review, which must be in the form of an environmental impact statement.
(3) In addition to the department of livestock, the department shall seek the assistance and participation of other governmental agencies that have special expertise in areas that should be addressed in the programmatic.
CREDIT(S)
Enacted by Laws 1999, ch. 574, § 29; amended approved Nov. 7, 2000, Initiative Measure No. 143 (2000, B.M. No. 143), § 8.