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MONTANA CODE ANNOTATED 2001
MCA CONTENTS SEARCH PART CONTENTS
87-3-130. Taking of wildlife to protect persons or livestock.
(1.) This chapter may not be construed to impose, by implication or
otherwise, criminal liability for the taking of wildlife protected by this title
if the wildlife is attacking, killing, or threatening to kill a person or
livestock, except that, for purposes of protecting livestock, a person may not
kill or attempt to kill a grizzly bear unless the grizzly bear is in the act of
attacking or killing livestock. In addition, a person may kill or attempt
to kill a wolf or mountain lion that is in the act of attacking or killing a
domestic dog. A person who, under this subsection, takes wildlife
protected by this title shall, within 72 hours, notify the department and
surrender or arrange to surrender the wildlife to the department.
(2) A person may not provide supplemental feed attractants to game animals by:
(a) purposely or knowingly attracting bears with supplemental feed attractants;
(b) after having received a previous warning, negligently failing to properly
store supplemental feed attractants and allowing bears access to the
supplemental feed attractants; or
(c) purposely or knowingly provide supplemental feed attractants in a manner
that results in an artificial concentration of game animals that may potentially
contribute to the transmission of disease or that constitutes a threat to public
safety.
(3) A person who is engaged in the normal feeding of livestock, in a normal
agricultural practice, in cultivation of a lawn or garden, or in the commercial
processing of garbage is not subject to civil or criminal liability under this
section.
(4) A person who violates subsection (2) is guilty of a misdemeanor and is
subject to the penalty provided in 87-1-102(1). This section does not apply to
supplemental feeding activities conducted by the department for disease control
purposes.
(5) As used in this section:
(a) "livestock" includes ostriches, rheas, and emus; and
(b) "supplemental feed attractant" means any food, garbage, or other attractant
for game animals.
History: En.Sec.1, Ch. 306, L. 1981; amd. Sec. 13,
Ch.206, L. 1995; amd. Sec. 3, Ch. 540, L. 1995; amd. Sec.3, Ch.275, L. 2001; amd.
Sec.6, Ch.316. L.2001.
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