Montana Code 76-10-103. Written permission or permit to wildcraft required
76-10-103. Written permission or permit to wildcraft required. (1) It is unlawful for any person to wildcraft or transport wildcrafted plant material without having in the person’s possession a bill of sale, a signed, written permission form, or a permit from a landowner to wildcraft from the property from which the material is wildcrafted. The written permission or permit must include the following:
Terms Used In Montana Code 76-10-103
- 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
- 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
- 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. See Montana Code 76-10-102
- 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)the date the permission is given or the permit is issued;
(b)the name, address, telephone number, and signature of the person granting the permission or issuing the permit;
(c)the name, address, and telephone number of the person that is granted the permission or issued the permit;
(d)the common name or scientific name of the plant to be wildcrafted;
(e)the amount and specified part of the plant material to be wildcrafted;
(f)a description of the location on the property from which plant material may be wildcrafted;
(g)the expiration date of the permission or permit; and
(h)the license plate number of the vehicle to be used for the purposes of wildcrafting.
(2)Written permission given or a permit issued to the person supervising a crew of wildcrafters is an acceptable substitute for individual permission or permits.