87-5-109. Taking of species for educational, scientific, or other purposes. (1) The director may permit the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state list of endangered species, on the United States' list of endangered native fish and wildlife, as amended and accepted in accordance with 87-5-107(5), or on the United States' list of endangered foreign fish and wildlife, as such list may be modified hereafter, for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.
(2) Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered species may be removed, captured, or destroyed but only pursuant to permit issued by the director and, where possible, by or under the supervision of an agent of the department. Endangered species may be removed, captured, or destroyed without permit by any person in emergency situations involving an immediate threat to human life. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth above shall be set forth in regulations issued by the department pursuant to 87-5-105.
History: En. Sec. 6, Ch. 461, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1806(4), (5); amd. Sec. 153, Ch. 370, L. 1987.
Structure Montana Code Annotated
Chapter 5. Wildlife Protection
Part 1. Nongame and Endangered Species
87-5-103. Legislative intent, findings, and policy
87-5-104. Investigations by department
87-5-105. Regulations to manage nongame wildlife
87-5-107. List of endangered species
87-5-108. Establishment of programs
87-5-109. Taking of species for educational, scientific, or other purposes
87-5-110. Department to issue regulations
87-5-111. Enforcement and penalty
87-5-113. through 87-5-115 reserved
87-5-116. Limited taking of certain nongame wildlife for commercial purposes -- exceptions
87-5-117. through 87-5-120 reserved
87-5-121. Nongame wildlife account
87-5-122. Duties of commission
87-5-123. through 87-5-130 reserved
87-5-131. Process for delisting of gray wolf -- management following delisting
87-5-132. Use of radio-tracking collars for monitoring wolf packs