Montana Code 76-10-101. Purpose
76-10-101. Purpose. (1) The purpose of this part is to:
Terms Used In Montana Code 76-10-101
- Commercial purposes: means the harvest of wildcrafted plant material for the purpose of selling, trading, or otherwise exchanging the material for profit. See Montana Code 76-10-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization. See Montana Code 76-10-102
- 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
- Wildcraft: means to collect, harvest, or separate by cutting, prying, picking, peeling, breaking, pulling, digging, splitting, or otherwise removing uncultivated plants or plant parts from their physical connection or point of contact with the ground or vegetation upon which they are growing or from the place or position where they lay for commercial purposes. See Montana Code 76-10-102
- Wildcrafted plant material: means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana. See Montana Code 76-10-102
(a)encourage the growth of a statewide sustainable wildcrafting industry that encourages stewardship of the wild plant natural resources of the state by requiring a person who is wildcrafting for commercial purposes to obtain a permit or permission in a written form before the person can wildcraft and by providing enforcement procedures;
(b)require buyers to be accountable for wildcrafted plant material that they purchase by requiring recordkeeping; and
(c)establishing enforcement procedures.
(2)The state recognizes its limited jurisdiction within the Indian reservations in Montana and acknowledges and respects the government-to-government relationship between Montana and the tribes within its borders. It is the legislature’s intent that this part be implemented within current jurisdictional limitations. The tribes are invited to enter into state-tribal cooperative agreements with Montana to provide for broader implementation.