Montana Code 76-10-102. Definitions
76-10-102. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 76-10-102
- 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
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Landowner: means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property. See Montana Code 76-10-102
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Property: means land, roads, water, watercourses, and private ways. See Montana Code 76-10-102
- Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
- 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
(1)”Buyer” means a person who purchases or acquires wildcrafted plant material, other than materials acquired directly from the property owner, for the purposes of resale.
(2)”Commercial purposes” means the harvest of wildcrafted plant material for the purpose of selling, trading, or otherwise exchanging the material for profit.
(3)”Landowner” means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner‘s agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users’ association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property.
(4)”Other jurisdictional entity” means the federal government or a tribal government.
(5)”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.
(6)”Property” means land, roads, water, watercourses, and private ways. The term includes any improvements, buildings, structures, machinery, and equipment on property.
(7)”Seller” means a person who sells wildcrafted plant material.
(8)”Transport” means the physical conveyance of wildcrafted plant material away from the site of wildcrafting and includes but is not limited to transportation by:
(a)a motor vehicle designed for use on improved roadways;
(b)a boat, barge, raft, or other water vessel; or
(c)an airplane, helicopter, balloon, or other aircraft.
(9)(a) “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.
(b)The term does not include the collection of:
(i)plant material used for a campfire; or
(ii)amounts intended for personal consumption.
(10)”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.
(11)”Wildcrafter” means a person who wildcrafts plants.