Montana Code 87-5-131. Process for delisting of gray wolf — management following delisting
87-5-131. Process for delisting of gray wolf — management following delisting. (1) If the United States fish and wildlife service removes the Northern Rocky Mountain or gray wolf from the United States’ list of endangered or threatened wildlife, the department is authorized to remove the wolf from the state list of endangered species upon a determination by the department pursuant to this part that the wolf is no longer endangered.
Terms Used In Montana Code 87-5-131
- 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
- Management: means the collection and application of biological information for the purposes of conserving populations of wildlife consistent with other uses of land and habitat. See Montana Code 87-5-102
- 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
- Take: means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife. See Montana Code 87-5-102
- 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)Following state delisting of the wolf, the department shall manage the wolf as a species in need of management until the department and the commission determine that the wolf no longer needs protection as a species in need of management and can be managed and protected as a game animal or furbearer. Upon making that determination, the commission may declare the wolf a game animal or a furbearer and may regulate the taking of a wolf as a game animal or furbearer.
(3)(a) Following state delisting of the wolf, the department, or the department of livestock, pursuant to 81-7-102 and 81-7-103, may control wolves for the protection and safeguarding of livestock if the control action is consistent with a wolf management plan approved by both the department and the department of livestock.
(b)Any wolf management plan approved by the department and the department of livestock must allow the issuance of special kill permits, also known as shoot-on-sight written take authorizations, by the department to landowners or public land permittees who have experienced livestock depredation.