87-5-201. Protection of wild birds and their nests and eggs. (1) It is unlawful for a person to hunt, capture, kill, possess, purchase, offer or expose for sale, ship, or transport any wild bird, other than a game bird, or any part of the plumage, skin, or body of the bird, irrespective of whether the bird was captured or killed within the state, or to take or destroy the nest or eggs of a wild bird, except under a certificate, falconer's license, or permit issued by the director.
(2) This section does not apply to:
(a) the hunting, trapping, or killing of house sparrows, crows, starlings, rock doves, blackbirds, magpies, and other birds the department designates or to the taking or destruction of their nests and eggs;
(b) the possession or transportation of parts or plumage of eagles used for religious purposes by a member of an Indian tribe when possessed or transported as permitted by 16 U.S.C. 668a.
History: En. Sec. 41, Ch. 173, L. 1917; re-en. Sec. 3723, R.C.M. 1921; amd. Sec. 18, Ch. 77, L. 1923; amd. Sec. 20, Ch. 59, L. 1927; re-en. Sec. 3723, R.C.M. 1935; amd. Sec. 16, Ch. 224, L. 1947; amd. Sec. 2, Ch. 309, L. 1971; amd. Sec. 33, Ch. 511, L. 1973; amd. Sec. 38, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-501; amd. Sec. 1, Ch. 301, L. 1983.
Structure Montana Code Annotated
Chapter 5. Wildlife Protection
Part 2. Wild Birds -- Regulation of Raptors
87-5-201. Protection of wild birds and their nests and eggs
87-5-202. Definition of raptors
87-5-203. Regulation of raptors
87-5-204. License and rules for falconry and raptors
87-5-205. Restrictions on species allowed for falconry
87-5-207. Restrictions on use of raptors
87-5-208. Nonresidents allowed raptors in state -- capture
87-5-209. Destruction of eagles or predatory hawks and owls
87-5-210. Captive breeding of raptors -- permit -- transfer and revocation -- rules