87-5-111. Enforcement and penalty. (1) Any person who violates the provisions of this part or whoever fails to procure or violates the terms of any permit issued thereunder shall be guilty of a misdemeanor.
(2) Upon a first conviction for a violation under this part, the court may fine the defendant not to exceed $250. Upon a second such conviction, the defendant may be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 30 days, or both. Upon subsequent such convictions, the defendant shall be fined not less than $500 or more than $1,000 and in addition may be imprisoned in the county jail for any term not to exceed 6 months.
(3) Any officer employed and authorized by the director or any peace officer of the state or of any municipality or county within the state shall have authority to enforce the provisions of this part.
(4) Wildlife seized under the provisions of this part shall be held by an officer or agent of the department pending disposition of court proceedings and thereafter be forfeited to the state for disposition as the director may deem appropriate. Prior to forfeiture, the director may direct the transfer of wildlife so seized to a qualified zoological, educational, or scientific institution for safekeeping. The department is authorized to issue regulations to implement this subsection.
History: En. Sec. 8, Ch. 461, L. 1973; amd. Sec. 1, Ch. 359, L. 1975; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1808.
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