Montana Code 87-5-109. Taking of species for educational, scientific, or other purposes
87-5-109. Taking of species for educational, scientific, or other purposes. (1) The director may permit the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, on the United States‘ list of endangered native fish and wildlife, as amended and accepted in accordance with 87-5-107(5), or on the United States’ list of endangered foreign fish and wildlife, as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.
Terms Used In Montana Code 87-5-109
- Endangered species: means a species or subspecies of wildlife that is actively threatened with extinction due to any of the following factors:
(a)the destruction, drastic modification, or severe curtailment of its habitat;
(b)its overutilization for scientific, commercial, or sporting purposes;
(c)the effect on it of disease, pollution, or predation;
(d)other natural or artificial factors affecting its prospects of survival or recruitment within the state; or
(e)any combination of the foregoing factors. See Montana Code 87-5-102
- Nongame wildlife: means a wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this state. See Montana Code 87-5-102
- Person: means an individual, firm, corporation, association, or partnership. See Montana Code 87-5-102
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Wildlife: means a wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or any part, product, egg, or offspring or the dead body or parts of the animal. See Montana Code 87-5-102
(2)Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured, or destroyed but only pursuant to permit issued by the director and, where possible, by or under the supervision of an agent of the department. Endangered species may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the department pursuant to 87-5-105.