Full Statute Name:  West's Montana Code Annotated- Title 87. Fish and Wildlife - Chapter 6. Fish and Wildlife Criminal Provisions - Part 2. General Hunting, Fishing, and Trapping Offenses

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Primary Citation:  MT ST 87-6-215 (formerly MT ST 87-3-142) Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  MCA 87-6-215 (formerly MCA 87-3-142) Date Adopted:  1987
Summary:

This law represents Montana's hunter harassment law. Under the law, a person may not intentionally interfere with the lawful taking of a wild animal or fishing by another, which includes disturbing a wild animal by engaging in actions or the placement of objects/substances to prevent its taking. This section does not prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment.

Statute Text: 

87-6-215. Harassment (formerly MT ST 87-3-142)

(1)(a) A person may not:

(i) intentionally interfere with the lawful taking of a wild animal or fishing by another;

(ii) with intent to prevent or hinder its lawful taking or its capture, disturb a wild animal or engage in an activity or place in its way any object or substance that will tend to disturb or otherwise affect the behavior of a wild animal; or

(iii) disturb an individual engaged in the lawful taking of a wild animal or fishing with intent to prevent the taking of the animal or the capture of the fish.

(b) This subsection (1) does not:

(i) prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment; or

(ii) prohibit or curtail normal landowner operations or lawful uses of water.

(2) A person convicted of a violation of this section shall be fined not more than $500 or be imprisoned for not more than 30 days, or both. A person convicted of a second or subsequent violation shall be fined not more than $1,000 or be imprisoned for not more than 1 year, or both.

(3) A court of general jurisdiction may enjoin conduct in violation of this section upon petition by a person affected or who reasonably may be affected by that conduct and upon a showing that the conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

(4) As used in this section:

(a) “fishing” means the lawful means of fishing as described in 87-6-501;

(b) “taking” means the pursuit, hunting, trapping, shooting, or killing of a wild animal on land upon which the affected person has the right or privilege to pursue, hunt, trap, shoot, or kill the wild animal; and

(c) “wild animal” means a game animal, migratory game bird, upland game bird, fur-bearing animal, predatory animal, or fish.

Credits
Enacted by Laws 2011, ch. 258, § 16, eff. Oct. 1, 2011.

 

 

 

 

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