87-5-112. Construction. This part may not be construed to apply retroactively or to prohibit importation into the state of wildlife that are lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale, or shipment of any wildlife whose species or subspecies is determined to be threatened with statewide extinction in this state but not in the state where originally taken, if the person engaging therein demonstrates by substantial evidence that the wildlife was lawfully taken or removed from the state. However, this section may not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale, or shipment within this state of wildlife on the United States' list of endangered native fish and wildlife, as amended and accepted in accordance with 87-5-107(5), except as permitted in the provision by 87-5-107(3) and (4) and 87-5-109(1).
History: En. Sec. 9, Ch. 461, L. 1973; R.C.M. 1947, 26-1809(1); amd. Sec. 307, Ch. 42, L. 1997.
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